Out of State Custody Concerns
Going through a custody battle can be overwhelming. This can be even more challenging when you have out of state custody concerns. There are different rules that apply when your spouse lives in another state.
Out of State Custody Concerns | Relocate to a Different State if You Have Sole Custody
The answer is no. The former spouse, has rights with regards to access. Those rights have to be taken into account. However, there are grounds that would make it okay to bring your child with you if you did decide to move.
Buffalo Divorce Attorney Randy Gugino says to first sit down with the other party and see if you can work out an agreement. If you can’t do that, you have to be able to articulate circumstances for the court as to why it is in the best interest of the child, that you be allowed to relocate. The courts are only going to be interested in what’s in the best interest of the child.
The court is going to take a look at the overall view of the circumstances for the parties to see if it’s practical for the child to relocate. The court will look at things like the child’s age, and education in determining whether or not relocation is in the child’s best interest.
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Out of State Custody Concerns | File for Child Support if Your Spouse Lives in Another State
If you’re filing for child support, and the other parent resides out of state, you file for it in New York State Family Court. Buffalo Divorce Attorney Randy Gugino says that this is done in the same manner in which you would file for child support if the other party was living here in New York.
The notices are going to be sent out differently. The out-of-state party is going to have the right to appear in Family Court in the state they reside in, usually by video or some other form of communication that the court is going to set up. Both parties can present their case in the two different courts, and still be able to communicate with the court here in Erie County.
If you are dealing with out of state custody concerns, please call our Buffalo child custody lawyer Randy Gugino today for a consultation.
