Child custody cases can be emotionally charged, and the situation becomes more complicated when one parent wants to relocate with the child. Whether the relocation is due to a job opportunity, a new partner, or personal reasons, it can have a significant impact on the child’s relationship with the non-custodial parent. In Rochester, NY, relocation cases are handled in family court, and the judge’s decision is based on what is in the best interest of the child.
Legal requirements for relocation
If the custodial parent wants to relocate with the child, they must follow certain legal requirements. In Rochester, NY, the custodial parent must give written notice to the non-custodial parent at least 90 days before the planned move. The notice should include the intended new address, the reason for the move, and a proposed revised visitation schedule. The non-custodial parent has 30 days to object to the move, and if they do, the case goes to court.
Factors Considered in relocation cases
The court considers several factors when making a decision about relocation. These factors include:
- The reason for the move: If the move is for a legitimate reason, such as a job opportunity, the court is more likely to grant the relocation request.
- The impact on the child: The court considers how the move will affect the child’s relationship with the non-custodial parent, their education, and their overall well-being.
- The relationship between the parents: If the parents have a good co-parenting relationship, it may be easier to work out a revised visitation schedule.
- The child’s preference: If the child is old enough to express a preference, their opinion may be taken into account.
- The non-custodial parent’s ability to maintain a relationship with the child: The court will consider the non-custodial parent’s ability to maintain a relationship with the child after the move.
It’s essential to have a skilled and experienced attorney who can present your case effectively and advocate for your interests in a relocation case.
Modifying custody and visitation orders
If the court grants the relocation request, the custody and visitation orders may need to be modified to reflect the new living arrangements. The non-custodial parent may need to travel to see the child, and the visitation schedule may need to be adjusted to accommodate the distance.
It’s important to note that the court’s decision on relocation is not final. The non-custodial parent can petition the court to modify the custody and visitation orders if they believe that the new arrangements are not in the child’s best interest.
It’s important to note that each relocation case is unique and has its own set of circumstances. If you’re considering a move with your child, it’s essential to discuss your plans with your co-parent as early as possible. This allows for open communication and the opportunity to come up with a revised visitation plan that works for both parties.
If you’re a non-custodial parent and have received a notice of intent to relocate, it’s important to consult with an attorney as soon as possible. Your attorney can help you understand your rights and options and assist you in creating a plan to ensure that your relationship with your child remains strong.
In some cases, mediation may be an option. Mediation is a voluntary process where both parties work with a neutral third party to come up with a plan that works for everyone. Mediation can be a cost-effective and less stressful option than going to court.
Child custody and relocation cases in Rochester, NY, are complex and emotional. It’s essential to work with an experienced attorney who can guide you through the process and advocate for your child’s best interest. With the right legal guidance, you can ensure that your child’s relationship with both parents remains strong, even after relocation.
Friedman & Ranzenhofer, PC is a law firm that has been serving clients in Rochester, NY, for over 60 years. Our firm has extensive experience in handling child custody and relocation cases and can help clients with the following:
- Explaining legal requirements: Our attorneys can explain the legal requirements for relocation in Rochester, NY, and guide clients through the process of giving notice to the non-custodial parent.
- Assessing the case: We can assess the strengths and weaknesses of the case and help clients understand their legal options.
- Representing clients in court: If the non-custodial parent objects to the relocation, we can represent our clients in court and advocate for their interests.
- Modifying custody and visitation orders: If the court grants the relocation request, we can help clients modify custody and visitation orders to reflect the new living arrangements.
- Mediation: We can help clients explore mediation as an alternative to going to court.
At Friedman & Ranzenhofer, PC, we understand that child custody and relocation cases can be emotional and stressful. Our attorneys are dedicated to providing compassionate and effective legal representation to our clients. We work closely with our clients to understand their unique circumstances and develop a personalized legal strategy that meets their needs. If you need help with a child custody or relocation case in Rochester, NY, please contact us today to schedule a consultation.