Moving after a Divorce? Here Are a Few Things to Consider.
Our experienced New York divorce lawyers are here to help you navigate relocation.
After a divorce, it can be tempting to start over somewhere new. However, if you have joint physical custody of your child, you may need to complete a few extra steps before you up and move. Let’s discuss five steps you need to take before you can relocate with your children.
1. Check Your Custody Order
After a divorce, before moving, you must check your custody order. If you’re moving outside of the order’s radius, you will need to modify your existing agreement.
2. Notify the Other Parent
and your ex-spouse objects to the move, you’ll need to seek a court intervention. You may run the risk of losing custody if you relocate without the court’s approval, so just don’t do it.
3. Petition the Court for Permission to Move
You will need to petition the court for permission to move. Once you file a petition, the courts and your attorneys will set up a relocation hearing for you and your ex-spouse to discuss the benefits and disadvantages of moving at the relocation hearing.
4. The Court Will Identify The Best Interests of The Child
The courts will determine whether relocating is in your child’s best interest. The courts will consider your reasons for relocating your child. Some of the factors considered are:
- Your child’s relationship with both parents;
- Your child’s preference if applicable;
- Each parent’s stability;
- The impact the move will have on visitation.
5. Testify in Court
In the event that your case heads to trial, you and your ex-spouse will both need to testify at the hearing. It’s critical to bring any evidence that supports your case, like report cards, school information, and information about your new community. If the courts decide that relocating your child is in the best interest of your child and the family, they’ll modify the custody arrangement to ensure that you and your ex-spouse can maintain a relationship with your children.
The above five steps in relocating after a divorce are why it is crucial to speak with an experienced family law attorney. Without a lawyer, you may struggle to convince the courts that the move really benefits your family. If you’re ready to enter the next chapter of your life, schedule an initial consultation with the Douglas Family Law Group today. You can reach us by phone at (914) 615-9058 or by submitting this form to schedule your initial consultation. Our mission is to protect what’s most important to you.
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