Can a Parent Relocate with Their Child if a Visitation Arrangement Has Already Been Ordered?

Question:

Can a Parent Relocate with Their Child if a Visitation Arrangement Has Already Been Ordered?I have court-ordered visitation of my daughter in New York. Her mother just picked up and moved her to New Jersey. I am also on court-ordered child support that I do pay. I’ve already went to file paperwork on her for leaving. I really need help. What can I do?

Answer:

If she was in New York for 6 months prior to the move, a New York Court has jurisdiction to determine whether her move was proper. Do you have a custody agreement? Did it address relocation? If not, and sometimes even if it would have allowed relocation, a court will address whether it is in your child’s best interest to move. The significant issues will be the reason for the move and the impact on your relationship and parenting time. You should schedule a consultation with a local attorney immediately to discuss your rights and whether you can force a move back pending a decision.

This educational legal blog was brought to you by Avvo and answered by Jean Mahserjian, an experienced New York Divorce Attorney located in Saratoga County.  Our law office has been helping residents with visitation rights for over 25 years.
Jean Mahserjian, Esq. Avatar

Jean Mahserjian, Esq.

Attorney Albany Law School at Union University, New York State Bar

Jean M. Mahserjian, Esq., is a New York family law and divorce attorney in Albany, Saratoga, and the surrounding areas. For more than 20 years, Jean has maintained her capital region law firm, located on Route 9 in Clifton Park, New York.

The practice encompasses all areas of family and matrimonial law, an online uncontested divorce service and various areas of estate planning.

Areas of Expertise: New York Divorce, Separation, Child Custody, Child Support, Spousal Support, Property Distribution, Post Divorce Issues, Real Estate Closings, Sale of Marital Real Estate, Preparation of Qualified Domestic Relations Orders, Dividing Retirement Assets

Leave a Reply

Skip to content