New York child custody laws prevent anyone with a custody agreement in place to relocate more than 100 miles with their children without court permission and amended custody agreements. Whether you realize it or not, you need to contact the court to discuss your relocation, the legalities of it, and see if you can even legally relocate. It sounds almost unfair to those who have primary custody of their kids. You might want to know why you can’t make life decisions simply because you share custody with your ex, but the law is the law.
How to Handle Queens Relocation Issues
Relocation is a problem many people deal with, and it’s a problem some people aren’t sure how to handle. This is why contacting a relocation attorney is imperative. You want to be sure your relocation is handled legally so as not to result in serious legal consequences. When you share custody no matter how much or little, you are required to consider the other parent when you make life decisions affecting your move. Even if you don’t think it’s fair you should remain close to your ex simply so he or she can see the kids regularly at your expense, it’s the law.
Failure to talk to an attorney and request permission from the court is going to result in a potential criminal charge. If your spouse decides to get back at you for taking the kids away from him or her, they can call the police and tell them you kidnapped the kids by violating your custody agreement. This legally binding document contains your signature and the notation you will not move more than 100 miles from your current address without court permission.
If the police are called, you could be arrested and charged with kidnapping and direct violation of the custody agreement. It’s illegal, and it could cost you custody of your own kids. Call an attorney so you can figure out how to appropriately handle the desire to relocate when it’s offered.
Talking to the Court
Your attorney is going to present your case to a judge to have your custody agreement modified. This agreement might be modified to change the custody arrangement in a major way or to change it just a little depending on how far you want to move and where you want to go. You probably won’t have any problem relocating if your reason is good, and that’s something you can count on.
A judge is unlikely to deny you the request to relocate if you remarried and plan to move in with your new spouse, if you are offered a lucrative job, or if the move is in the best interests of the child in question. Your spouse can fight it or agree with it, but the paperwork outlining your custody is going to require you spend some time figuring out an acceptable new custody agreement.
Call an Attorney
Don’t consider a relocation custody fight without an attorney. Attorneys can help you present your case to the judge, they can help you figure out what you want, how to make it work, and how to do what is best for your kids. Your attorney can also help make the process a bit faster by working harder to ensure you can find a way to make sure your kids are given a say in this move if they are old enough. There are a lot of moving pieces in a relocation process, and it’s time to contact an attorney for help.