Custody and Relocation: A High Bar for the Relocating Parent
In times of major personal change, such as divorce, the desire to relocate for a fresh start can be alluring. However, when you share custody of a child with your ex, your ability to relocate becomes severely limited. Often, custody agreements address relocation, limiting relocation to a specific geographical region, one that is local enough for the other parent to continue having meaningful parenting time with the child. If you want to relocate beyond that region, you might be able to do so if you prove that the move will better serve your child’s best interests than having to stay.
What factors do the courts consider?
Generally, the courts in New York are guided by the proposition that, all else being equal, the best interests of the child are served by the child’s equal access to both parents. It is a high bar for one parent to argue that interfering with the child’s access to the other parent is worth the anticipated benefits the child will experience from the relocation. The courts in New York have set forth a list of factors that are weighed when evaluating a custodial parent’s request to relocate away from the noncustodial parent.
The facts and circumstances will be evaluated according to the following:
1. Reasons for relocation
Maybe you have a promising job opportunity that will improve the standard of living for your family. Other common reasons for relocating include remarriage, a stronger support network out of town and the child’s relationships with extended family. If there are compelling reasons behind the move that have a significantly positive impact on the child, they could support the likelihood of a relocation request being granted. However, it is important to note that these reasons alone will not suffice. While they are necessary for the relocation to be considered, additional factors must be evaluated.
2. Degree to which relocation will improve the child’s quality of life
The biggest consideration in relocation cases is whether it is in the child’s best interests to move. The courts are interested in knowing how the child’s emotional, physical, psychological and educational needs will be enhanced by the move. For example, perhaps moving to a more affordable city will result in a more comfortable lifestyle for the child with more opportunities to get involved in extracurricular activities. The schools may be better in a certain region, resulting in stronger educational opportunities for your child. It may even be the case that you will be closer to your support network which will benefit your child emotionally. These are all factors that will be scrutinized by the courts when making a relocation determination.
3. Ability for the child and non-custodial parent to maintain a meaningful relationship
Courts ultimately want to see positive familial outcomes. This means that one of their top priorities is maintaining an environment where children are able to develop meaningful relationships with both parents, regardless of custodial status. If both parents are fit to parent and the court feels that relocation will interfere with the noncustodial parent’s meaningful access to the child, then relocation becomes an uphill battle. That said, the court will also consider the strength of the relationship between the child and non-custodial parent. If there historically has not been a significant relationship, any potential interference with parenting time may have less of a negative impact on getting permission to relocate. It is also important to note that the court will look positively on a custodial parent who is looking to move but continues to prioritize their child’s relationship with the other parent. This is the time to be flexible and gracious regarding visitation rights.
When the issue of relocation arises in a custody matter, the child’s best interests are always the priority. In New York State, there is a high bar for proving that moving beyond a reasonably set geographical radius is in the best interests of the child. This means that you should take your time in considering whether this is something you wish to pursue and consult with a trusted attorney to decide the next steps.
At Artese Zandri, we help couples prepare for marriage and navigate divorce. If you or someone you know has questions about family law, reach out to us for a complimentary consultation at consultation@artesezandri.com.