When a couple with children decides to end their marriage, their primary concern is often determining an arrangement that best suits their children’s needs. In many cases, this will involve an agreement to live in a certain geographical area. The courts will typically adopt such an agreement if they find it to be in a child’s best interest. As demonstrated in a recent New York case, if a parent unilaterally decides to violate a geographical order or agreement and relocate a child, it may negatively impact the parent’s custody rights. If you have concerns about safeguarding your parental rights, it is advisable to speak to a New York child custody lawyer.
Case Setting
It is alleged that the mother and the father, parents of three children, entered into a separation agreement in June 2019, which was modified by an addendum in November 2019. They agreed to share joint legal custody, with the mother having primary physical custody and the father having specific parenting time. They also agreed not to move more than 50 miles from their current residence without court consent or written consent from the other parent. A final judgment of divorce in March 2020 incorporated this agreement and addendum.
Reportedly, in May 2022, the mother filed a petition seeking sole legal custody, claiming a breakdown in communication. In August 2022, the father filed a petition for modification, arguing that the mother had moved beyond the agreed 50-mile limit to enroll the children in a new school and sought primary physical custody. The trial court dismissed the mother’s petition, finding no breakdown in communication, but granted the father’s petition for the oldest child, allowing him to continue attending his former school. The younger children’s custodial arrangement remained unchanged, and the court set a parenting time schedule for all three children. The mother appealed the trial court’s decision. Continue reading