New York Divorce Lawyer Blog
It is not uncommon for a party to move to a new location after divorce. When a person who shares a child with their former spouse decides to relocate, though, it may complicate their custody rights. As demonstrated in a recent New York custody ruling, the court’s principal concern in any custody action is what is in the child’s best interests, and any order that does not benefit the child will not be upheld. If you need assistance with a dispute over parental rights, it is smart to confer with a New York child custody lawyer.
Case Setting
Reportedly, the mother and father married in 2013 and had a child in 2015. In 2020, the father initiated divorce proceedings. The mother then relocated to another county, approximately one hour and 45 minutes away from the county where the marital residence was located. In March 2021, the trial court issued a temporary order granting joint legal custody with primary physical custody to the father and allowing the mother parenting time every weekend.
It is alleged that the parties reached a settlement stipulation in May 2021, addressing various divorce issues except for child custody and support. A trial ensued, and the court issued an order awarding primary physical custody to the mother, conditional on her residing in the county where the marital home was located. Both parties appealed.
Implications of the Best Interest of the Child Standard
On appeal, the court reversed the trial court ruling to the extent that it required the mother to live within a specific school district. The court noted that it is well-established that the best interests of the child are the paramount factor in custody determinations. As such, the court emphasized that when a parent wishes to relocate, the decision is crucial in determining the child’s best interests, especially if it could detrimentally affect the other parent’s relationship with the child.
In the subject case, the court accorded great deference to the trial court’s credibility determinations and found a sound and substantial basis in the record to support awarding primary physical custody to the mother. While the court fielded concerns raised by both parents, including issues of parenting styles, substance use allegations, and mental health, it ultimately concluded that the trial court’s analysis was thorough and supported by the evidence.
Regarding the condition imposed on the mother to reside within the Margaretville School District, though, the court disagreed with the trial court, finding no sound and substantial basis in the record for this condition. The court noted the absence of evidence that the child derived specific benefits from the school district and concluded that such a condition lacked support in the record. Consequently, the court remitted the matter to the trial court for further proceedings, allowing for additional proof if necessary.
Meet with a Trusted New York Attorney
Parents who live in different locations often disagree as to who should have primary custody of their child and will turn to the courts to make a decision. If you have questions about how you can protect your parental rights, it is smart to contact an attorney. Ksenia Rudyuk is a trusted New York child custody lawyer who can advise you of your options. You can reach Ms. Rudyuk by using the online form or calling 212-706-2001 to set up a conference.