When two parents get divorced or separated and share custody of a child, things can already become emotionally complicated very quickly. However, in many cases, an additional issue arises somewhere down the line, and that issue is relocation. Regardless of the reason, when a parent wants to relocate with a child, it can have a serious impact on the other parent’s relationship with that child, which is why New York courts handle these matters very carefully. If you are currently involved in a custody dispute that involves relocation, you most likely have several questions regarding what courts will consider and how these cases are decided. Please continue reading and speak with an experienced Buffalo divorce lawyer from Raimondo & Sundquist LLP to learn more about parental relocation matters and how the legal process works.

What Factors Do Courts Consider in Relocation Cases?

As with most child custody-related issues, courts are primarily focused on what is in the child’s best interests. This means that before allowing a parent to relocate with a child, the court will analyze several different factors to determine whether the move will ultimately benefit or negatively impact the child’s life. Some of the factors courts commonly consider are as follows:

  • The reason the parent wishes to relocate
  • The reason the other parent opposes the relocation
  • The relationship the child has with each parent
  • Whether the move may improve the child’s quality of life
  • The educational opportunities available in the new location
  • Whether the move would interfere with the current parenting schedule
  • The emotional and developmental needs of the child
  • Whether meaningful visitation can still continue after the move

Can a Parent Move Away Without Permission?

In many cases, the answer is no. If there is already a custody agreement or court order in place, a parent generally cannot simply relocate with the child without either obtaining the other parent’s consent or receiving approval from the court.

Unfortunately, some parents make the mistake of assuming they can move first and address the legal issues later. In many situations, this can create significant legal complications. Some consequences of relocating without permission are as follows:

  • Emergency court applications
  • Allegations that a custody order was violated
  • Orders requiring the child to return
  • Modifications to an existing custody arrangement
  • Damage to the relocating parent’s credibility in court

How Do Judges Decide What Is in the Child’s Best Interests?

The “best interests of the child” standard is the foundation of nearly every custody and relocation case in New York. Simply put, the court is not necessarily concerned with what is most convenient for either parent. Instead, the court’s primary objective is ensuring that the child’s overall well-being, stability, and future are protected. Some questions judges may consider include the following:

  • Will the child still maintain a strong relationship with both parents?
  • Will the move provide greater financial or emotional stability?
  • Will the child benefit educationally from the relocation?
  • How disruptive will the move be to the child’s current routine?
  • Is the proposed visitation schedule realistic and sustainable?

In some cases, older children may also have their preferences considered, though this does not mean the child automatically gets to decide where he or she will live.

If you find yourself in a relocation dispute, we are here to help. Contact Raimondo & Sundquist LLP today so we can discuss your case and begin working to protect your family’s best interests.