Are you considering moving overseas with your child? Maybe it is for a career opportunity you do not want to miss, a chance to be closer to family or just a desire for change. No matter the reason, relocating abroad with your child as a custodial parent is not as simple as booking a flight and packing your bags.
In New York, custodial parents cannot simply decide to move abroad with their child. The law requires either the non-custodial parent’s consent or court approval before relocating. This process, known as “relocation,” is taken seriously by New York courts.
Considering the court’s criteria
When evaluating a relocation request, the court’s primary focus is the child’s best interests. They will consider factors such as the reason for the move and its potential impact on your child’s relationship with their other parent. The court will also factor in the kind of opportunities awaiting in your new home in terms of education and cultural exposure. They might also consider how the relocation would affect your child’s ties to their current community.
Building your case
Developing a detailed plan for maintaining the child’s relationship with the non-custodial parent can help strengthen your case. This could include communication schedules and visitation arrangements. Additionally, research schools, healthcare and activities in your intended destination to demonstrate how the move will benefit your child’s overall well-being.
Remember, each family’s situation is unique. Consulting with an experienced family law attorney can provide valuable guidance through this complex process. They can help you present your case effectively and address any concerns the court may have.
Charting your path forward
While moving abroad with your child presents challenges, with careful planning and legal support, you can turn your international plans into reality. Your child’s best interests remain the top priority throughout this journey.