
Divorce can be an overwhelming and emotionally draining experience, especially when children are involved. An issue that often arises after a divorce is one parent moving away. If you are considering moving post-divorce it is crucial that you understand how relocation can affect your custody agreement. Contact a Long Island relocation lawyer to discuss your options and set up a free consultation today.
What is a Custody Agreement?
Custody agreements are legal orders that determine how parents will share the responsibilities and rights regarding their children after a divorce. The agreement is enforced by a court and will outline how much time each parent is entitled to spend with the child, which parent pays child support and how much, holidays they may rotate, etc.
Custody agreements generally address both physical custody and legal custody. Physical custody refers to where the child lives and legal custody grants parents the right to make important decisions on behalf of the child. Custody can be joint, as in shared by both parents, or sole, as in held only by one parent.
How is Custody Determined?
Child custody during a divorce is determined based on the child’s best interests. Courts aim to provide stability to the child’s living environment and allow them to remain with the parent who has historically been the primary caregiver and who offers the best arrangement for the child.
Courts will consider child care arrangements, domestic violence, substance abuse, abandonment, parenting skills, location of the home in relation to the child’s school, family, and friends, the child’s preference, and more.
How Does Relocation Affect a Custody Agreement After Divorce?
When one parent decides to relocate, it can significantly affect the agreed-upon custody arrangement. Custody agreements often address issues like a parent wanting to move away. However, if yours does not then you will be required to obtain permission from the court to relocate.
It can be unfair for a custodial parent to relocate with the child as the distance may hinder the other parent from exercising their visitation rights. Courts can deny relocation with a child if they determine that the move will not be in the child’s best interest. If moving would deprive the child of access to their other parent, the custodial parent will likely have a hard time convincing the court to grant permission.
If relocation is permitted or the noncustodial parent wants to relocate, the custody agreement will probably have to be changed. If both parents are on board with the move, they can reach a new agreement on their own. Otherwise it will be decided in court. The new agreement should outline the new parenting schedule, details about travel arrangements to ensure the child continues visiting with the noncustodial parent, and more.
Relocation can have a serious impact on child custody. Work with an experienced attorney for more information.