Will The Court Change Visitation Schedules Due To Relocation Issues?

Visitation schedules are subject to the parties' agreement, if they reach an agreement, or if the court has to have a relocation trial, the judge may change visitation. In an example where the noncustodial parent almost never visited the child or children, there's really nothing to adjust. They may give some small compensation to be able to continue seeing the child, but not necessarily. In a situation where the noncustodial parent did see the child or children a lot, the court would almost surely set a visitation schedule if they decide that the custodial parent can relocate with the child. The visitation for the noncustodial parent would be centered around the children's breaks from school during the school year, as well as summer vacation. It would also usually entitle the noncustodial parent to fly down to where they are to be able to see the children on particular long weekends.

Will I Have to Go To Court To Discuss My Relocation Request?

You do not have to go to court to discuss a relocation request if you can come to an agreement outside of court, but it is highly advisable that you get a court order which confirms the agreement that the custodial parent is allowed to relocate with the child or children. The custodial parent would not want to take a chance that the noncustodial parent gives their consent orally and then has a change of heart and revokes consent. If the custodial parent has already made arrangements to move or has already moved, that would then cause a real problem.

What Is The Process Of Relocating With My Child In New York?

Generally speaking, relocation applications are done in family court. The best way to go about it is to file a petition for relocation in the family court and get the noncustodial parent served. If there are going to be some dual issues, then it may be more cost efficient to do everything in Supreme Court, in which case you would file an order to show cause to modify a prior judgment.

Can I Appeal A Relocation Decision Granted By The Court?

Generally speaking, the relocation decision will be reduced to an order. Court orders may be appealed by either party, whether it's granted or denied. Relocation is assuredly a custody decision and affects a substantial right of either party, and those types of decisions and orders are what are called appealable of right as a general rule. In other words, you do not need to seek the permission of a court to be able to file the appeal.

Additional Information On Relocation Matters In New York

Many custodial parents think that merely because they have sole custody, they can relocate without needing the permission of the noncustodial parent. Some parents also think that if the noncustodial parent has no relationship with the child or children, they can just move without needing any permission from the noncustodial parent. Both of those thoughts are wrong. It may have dire consequences for the custodial parent if they move the residence of the child or children without either the permission of the noncustodial parent or a court order which allows them to move.

They run the risk of the noncustodial parent going into court and asking the judge to issue an order which either prevents them from moving or orders them to return the residence of the children back, which may pose a huge problem if they've already relocated. Additionally, it's absolutely critical that people at least consult with a good family law attorney at the earliest possible stage, so that they can start planning out strategies to help them win their case.

People may think that all they have to do is file an application, show up to the first court date, and list the reasons they want to relocate. It's definitely not as simple as that. Usually, a relocation trial will entail at least two to three pretrial dates, plus two to three trial dates over the course of about six to eight months. The custodial parent who's planning to move needs to plan well in advance.

For more information on Modifying Visitation Schedules In NY, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 368-7580 today.