Relocating With Your Child Based on Exceptional Circumstances

Question:

What factors would constitute “exceptional circumstances” when trying to relocate out of NY with a child?

– I have physical custody of my 3yo daughter
– Her father doesn’t pay child support, is “self-employed” so there’s no way to garnish his wages since he doesn’t report income, and takes 1/3 of allowed parenting time
– My parents live in TN and I would like to move to be closer to them
– The move would give us increased financial and emotional stability, better economic opportunity, more educational options for my daughter, increased health insurance options, etc
– I want to file for relocation and want to establish exceptional circumstances.

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Answer:

Relocation cases are very difficult for litigants, attorneys, and courts. A major factor will be the reason for your request for relocation. It would be best if you did have a job lined up to establish that your financial circumstances would be better in TN. It is also going to be important to show that the father’s custodial time will not diminish – i.e. he could still exercise large blocks of time so that he has meaningful time with your daughter. It would be very helpful for you to meet with an attorney first to make sure you proceed with a well thought out plan.

Are you trying to move out of state with your child and your ex is fighting you tooth and nail?  Contact our dedicated NY Child Custody Attorneys in Saratoga County for guidance.

This legal question was provided by Avvo and answered by Jean Mahserjian, a knowledgeable Divorce Lawyer in Clifton Park, NY with over 30 years experience.  This does not consent an attorney client