Once divorces are decided upon, individuals will have to decide on marital issues. Child custody arrangements are made to enforce the child’s time with each parent. This is to get them on a regular schedule and to ensure that the best interests of the child are being taken care of. However, as former spouses move on with their lives, certain situations can cause them to consider relocation. As life continues on for divorced parents, they act as two separate individuals instead of a married couple. This allows them to come across different opportunities. Some individuals may consider remarriage with the right person. Other individuals may consider a possible job opportunity that they never have before. These factors, among others, may lead the individuals to relocate. However, relocation can become difficult when a child custody arrangement is involved. Some of these cases can be approved. Other cases may not be able to carry on depending on the circumstances involved in it.
If my former spouse has physical custody of our child, can they relocate?
If your former spouse has physical custody of your child, you can still file a legal action to bring them to court if they are planning to relocate with your child. Although they may have physical custody, you may still have visitation rights. Your visitation rights may be interfered with by their relocation with your child. Due to this, a court may not see it fit. The court wants to push for the child to have open communication and to develop relationships with both parents. A relocation may hinder this. You are still involved in the major decisions in your child’s life when you are given legal custody rights. Your legal custody grants you the right to decide important matters, such as their education. A relocation will affect this decision due to a different school district or too far a distance from their former school.
By gaining the help of a professional attorney, you may be able to prevent your child’s relocation or be able to grant your child’s relocation with you. These matters can be sensitive since it involves your child.
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.