Can I prevent my child’s relocation if I don’t have physical custody?

When divorces are finalized, there are marital issues that are previously decided on. These issues can include arrangements with the children, including child custody and child support. With these arrangements, it can create some tension between the parents. However, some other parents are able to work together amicably for the sake of the children. In some situations though, the lives of the parents grow apart naturally. They may be presented with a new job opportunity in a new location or have to move due to a familial matter. Whatever the case, your former spouse may try to relocate with your child. This can be a terrifying scenario. You do not want to be hundreds of miles away from your child. This can cause a strain on your relationship and lead to harder times ahead. You have the right to prevent your former spouse from relocating with your child.

If your former spouse has physical custody of the child, it makes them the custodial parent, which means that the child technically resides with them. Based on your arrangement, your child may also have time with you and stay at your home. However, the custodial parent is the one who has more time with the child. Even if you are not the custodial parent, you can fight to prevent your child from being relocated.

How does this proceed?

You have the ability to bring your former spouse to court in order to prevent them from relocating with your child to another residence. When courts become involved in the relocation of a child, they should act in the best interests of the child since that is their main goal. The court should try to determine what the best option for the child is based on a variety of reasons. A relocation can have a big impact on a child’s life so that take into account all factors. If they believe it may be a negative impact, the court may rule that they are not in favor of this option. The court system believes that children should still have an open form of communication with a parent that does not have custody to allow for possible rehabilitation of their relationship in the future. Visitation rights allow for this situation. When a parent wants to take the child to a different area, this may disrupt the visitation rights of the other parent. With this in mind, the court may not allow such a thing to occur.

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.