Can you move during a custody battle?

Can you move during a custody battle?

There are often advdantages and disadvantages regarding the relocation of a child during a custody case. So, if the advantages outweigh the disadvantages, the court will likely permit the move. The court will have to determine whether, in the judge’s opinion, the move is in the best interest of the child.

How do I win a custody case in NY?

How to win a relocation custody case

  1. The parent’s reasons for relocating.
  2. The strength and nature of the relationship between the child and each parent.
  3. The effect the move would have on the child’s emotional well-being and educational opportunities, as well as the family’s finances.

What happens when the non custodial parent moves away?

Courts should usually allow a move if the other parent has moved, although it might be within reason (if the non-custodial parent moved 50 miles away, the Court might not allow the custodial parent to move 1,000 miles away). Normally when the non-custodial parent moves away, the custodial parent is allowed to move.

What is the legal age for a child to decide which parent to live with in New York?

Will the court consider a child’s preference? Whether a child is 3, 7, or 17, their preference is always important, however, once a child reaches the age of 13, the child’s wishes will be given more weight.

Can a 16 year old decide which parent to live with in New York?

If you heard that once a child turns 12 or 13 in New York, he or she can choose which parent to live with, that’s not exactly true. Sorry to be the bearer of bad news, but children do not have the power to choose their destiny in child custody disputes – only judges have that ability.

Can you choose which parent to live with at 17?

Parents often want to know at what age a child can decide whom to live with. The answer is simply: according to the law, eighteen. However, dissolution of marriage statutes provide that the child’s wish as to where s/he will live is a factor to be considered by a court in making a custody decision.