Newman Law Group P.C

Is It Possible To Relocate With My Child In New York If I Share Custody With The Other Parent?

Relocating With A Child In Shared Custody You cannot unilaterally determine to move out of the state. You must either have the other parent’s consent, who one will assume has certain visitation rights, or you must go to court and make an application for permission to relocate. Suppose you make an application for a petition to relocate. In that case, you then have to show that it’s in the child’s best interest to move to another state. Then, there will be a change in the visitation schedule because you’re impacting the other parent’s visitation if you both lived in New York State. If the non-residential parent, the non-custodial parent, stayed in New York and the other parent decided to move, now it’s their choice. But, if the parent with the child decides to move and gets permission to move, it will impact the non-residential parent’s ability to visit with the child or children. So, there will be some change in the schedule.

Will Parenting Time Or Visitation Be Amended To Accommodate A Relocation?

If the relocation is granted or agreed upon, they will generally work out some new visitation schedule. Suppose it’s up to the court, and the court grants the relocation application. In that case, they will typically do something concerning adjusting for the time that the non-custodial parent loses.

My Child’s Primary Custodial Parent Wants To Relocate, Can I Appeal The Court Order If The Relocation Is Granted?

Any determination made at the trial level is generally appealable as a matter of right in New York to an intermediate appellate court. When an appellate court makes a ruling, naturally, you cannot appeal that to the highest court in the state of New York, which is the Court of Appeals, unless it’s a split decision by the justices in the appellate court or it’s a constitutional or statutory issue. If it doesn’t fall under those categories, you need a leave of the court of appeals for them to hear your case. But when you get a trial decision from the family court or Supreme Court, you can appeal to the appellate division that covers the courts in your jurisdiction. You may want to keep in that if you lose on the application and your former spouse is granted the right to relocate, when you file your appeal, you want to make an application either to the intermediate appellate court or the trial court for a stay of the relocation order.

You don’t want the parent moving out of the state during the pendency of the appeal because, to a certain extent, if a parent moves with the child and the child has now entered into a school, it’s going to be challenging to bring the child back and pull the child out of school. You want to enter a stay application to keep the parent who wants to relocate in this state and the child in the same environment for all practical purposes until the appeal is decided.

Does New York Recognize Alimony Or Spousal Support Awards In A Divorce Case And If So, Who Generally Would Be Required To Pay?

We used to call alimony, we now call maintenance, and maintenance, by constitution, is gender-neutral. So either party, husband or wife, depending upon the economics, can be required to pay maintenance to the other party. So there are cases where the husbands pay maintenance to the wives, and there are cases where the wives pay maintenance to the husband. There is a formula. We are a formula state when it comes to spousal support, both temporary and permanent. The courts will apply that formula just as there is a formula for child support. The courts can deviate from that formula depending upon the circumstances, but generally, there is a presumption that the moneyed spouse will be paying maintenance to the lesser moneyed spouse.

There are recommendations made in the statute regarding how long maintenance should be paid depending upon the length of the marriage. The longer the marriage, the longer the period that the maintenance will be paid. It will then terminate upon the passage of that time or if the recipient spouse remarries. If one or the other spouse’s passed away, it ends maintenance, but there are guidelines within the statute dealing with that. When you start a divorce action in New York state, there is a notice to the defendant of the guidelines for the awarding of maintenance because many people who are served don’t necessarily hire lawyers.

For more information on Family Law in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 486-3200 today.

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