Determining child custody during a divorce can be difficult. In many cases, the parents reach an agreement when it comes to visitation arrangements. Other times, a judge has to make the determination because the parents are not able to agree on who gets the child or children when.

What happens, though, when the custodial parent wants to move with the child more than just a short distance away? If the parents cannot agree on the relocation, then the judge will rule on whether or not the relocation can take place.

Several factors are considered in this ruling, but most importantly is the best interest of the child. Other factors include:

— Distance: Some jurisdictions in New York will allow relocation if it falls within a certain distance, such as 100 miles.

— Better cost of living: If the cost of living is less and will improve the custodial parent’s ability to care for the child, the move might be allowed.

— Wanting to move closer to family for help with childcare.

— New job: This does not mean the custodial parent is simply looking for a new employment.

— Education: Is the custodial parent wanting to continue his or her education?

A proposed visitation schedule is almost always required and can affect the judge’s ruling. In addition, the proposal must state who is responsible for travel costs. A modification in child custody may be needed to accommodate the travel times.

At Weinstein, Kaplan & Cohen, P.C., we are dedicated to protecting the rights of our clients when it comes to relocation and visitation issues. In order to learn more about this topic, please visit our visitation and relocation webpage. We are here to answer any questions you may have.