Any child custody question is of major consequence for parents who live apart, but especially stressful are matters that involve one parent relocating to a new town, state or country. What are your options as a custodial parent and what rights do you have as the non-custodial parent? At the Law Offices of Randy S. Margulis, we have the experience and knowledge to advocate for you and your parental rights.
After a divorce or separation, custodial parents sometimes decide to move to a new location because of a job offer, new relationship or the desire to be closer to family. But New York has fairly strict guidelines about when a parent can move away from the child’s current home and their other parent. A court will consider several factors, including:
As in other custody-related determinations, judges’ decisions regarding relocation of a custodial parent are based on what is in the best interests of the child. These factors serve as a guide, but our firm will introduce any information that is relevant to support our clients’ case.
Often, child custody orders and agreements address what must be done in the event of a proposed relocation. They may require that the custodial parent remain within a limited geographical region — such as the Buffalo area or a location within 60 miles of the child’s current home. In cases where the order does not discuss relocation, the custodial parent must ask the court for permission to move with the couple’s child.
Sometimes, a parent must move for financial reasons, such as a new job or the relocation of an existing position. A judge can weigh the economic advantages of moving versus the possible effect it will have on the noncustodial parent’s ability to see their son or daughter.
For a parent with sole custody, relocation is possible but not guaranteed, particularly if the child has regular visitation with the other parent. In cases where joint custody has been ordered, relocation is far more complex, because children in these situations typically split their time between residences based on a court-ordered schedule. We closely review the relevant circumstances and apply our decades of experience in litigating child custody cases, including in post-judgment matters, to help you protect your parental rights and do what’s best for your child.
Call the Law Offices of Randy S. Margulis today at 716-886-9600 or contact our firm online to schedule an initial consultation. From our offices in Williamsville and downtown Buffalo, we represent Western New York clients in relocation proceedings and other family law matters.
As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.
Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…