Moving is always a hassle, but it becomes even more complicated for a single or divorced parent with custody of their children. Custodial parents cannot move away when the relocation would violate the other parent’s custody or visitation rights. So what can you do if you need to move to a new city or state with your kids, but don’t want to disobey a court order? The answer comes in the form of court order modifications.
Modifying a Custody or Visitation Order in New York
The first step you need to take is to talk to the other parent. Explain why you need to move – whether it’s a job offer, family, or health reasons – and make it clear that you want to work with them to work the situation out as amicably as possible. Many court order modifications can be made without litigation or a courtroom battle if both parents can agree on the terms of their new parenting agreement.
In these uncontested cases, a Long Island family law attorney can help you draft your new agreement, after which you will present it to a family law judge to be entered. You will then be free to move away within as long as your relocation complies with the terms of the new agreement.
The process is different for contested cases, where the non-custodial parent does not want the parent to move away with the children. These cases require litigation and the final modification – or denial of modification – will be decided by a family law judge. The custodial parent may only relocate and take the children with them if their custody or visitation agreement is properly modified.
Speak with a Child Custody Attorney in Long Island
Whether you are a parent who is looking to move away and take the kids with you, or you are a non-custodial parent with visitation rights who does not want the other parent to take the children far away from you, The Virdone Law Firm, P.C. can help. We pride ourselves in offering unparalleled family law representation in Long Island and the surrounding areas.