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What are my rights if my ex wants to move with the kids?

On Behalf of | Nov 11, 2022 | Child Custody

One of the scariest things for a parent on Long Island is that their ex will move away with their child.

After all, a move of any distance, even to another part of the greater New York City area, can make it harder for the noncustodial parent to see their children.

Also, the other parent might be concerned that the planned move will affect their child in other ways, such as changed schooling opportunities for example.

When faced with this situation, the first thing a concerned parent should do is look at their existing custody and parenting time order.

Often, judges will address relocation in their custody orders. Likewise, parents often agree to these types of provisions when settling out of court.  The order may, for example, require that the custodial parent live in a certain area, such as on Long Island.

If the order does not allow the parent to make their proposed move, or is silent, then the custodial parent will have to go back to court to get permission to move. Just moving with the kids without getting the court’s permission is illegal.

A noncustodial parent does not have to just accept their children’s move

The noncustodial parent may choose to agree to the move, perhaps with some conditions like a modified parenting plan. However, they do not have to do so.

If they choose, they may object to the move and explain their reasons for objecting to the judge overseeing the case.

The judge will decide depending on what they see as the best interests of the children. While their decisions can depend on many factors, the judge will consider the reason for the move and perhaps the distance of the move as well.

It is important for noncustodial parents to remember that it is up to the parent who wants to move to prove doing so is in the children’s best interest. Still, a parent wanting to prevent their children from having to move will need to put together a persuasive case.