Life is not static. Sometimes a custodial parent has to move or relocate. The move or relocation can be related to employment, other relationships or the need for a family support structure to help him or her with the children. Under normal circumstances a relocation can be an aggravating experience. However, custody issues and the impact the relocation will have on the non-residential custodial parent complicate the issues of moving outside the locality where the other parent resides. The custodial parent cannot simply move with the children. This would be a violation of the other parent’s rights to visit with and spend time with the children. So what do you when you are the custodial parent and you need to move?
Changing or Modifying the Visitation Order
If you are the custodial parent and you seek to move, the first step would be to contact the other parent. See if you can work out an amicable arrangement that would be fair to the other parent and mitigate against his or her losing some parenting time with the children You should make the other parent aware you will work with them and you seek to avoid the necessity of litigation regarding this issue.
Court Proceedings
If an amicable arrangement and modification of the existing visitation scheme cannot be worked out, it will be necessary that you bring a court proceeding. If you were married and divorced you can go to either the Family Court and Supreme Court. If you were never married to the other parent, the proceedings can only be brought in the Family Court. In these proceedings you must establish it is in the children’s best interest that you be allowed to relocate.
Contested Relocation Cases
The non-custodial parent will have to be served in these proceedings and he or she can contest the relocation. A presentation will need to be made to the judge to show the relocation is not intentionally having a negative impact on the other parent’s visitation rights and the relocating parent is going to cooperate and extend themselves to help facilitate parenting time with the other parent after the relocation. This court proceeding should be brought before detailed moving plans are made. The reason for this is unless the presentation in court is well presented the judge could render a decision preventing the children from being relocated.
Elliot S. Schlissel is a father’s rights attorney with 45 years of experience. He can be contacted at 1-800-344-6431 or at Elliot@sdnylaw.com.
