Richard Roman Shum (https://www.romanshum.com/blog/how-far-can-a-parent-move-with-joint-custody-in-new-york/), a Manhattan child custody lawyer, addresses a key concern for co-parents in his recent article, “How Far Can a Parent Move with Joint Custody in New York?” The piece examines the legal landscape surrounding parental relocation when both parents share custody, emphasizing how such moves can impact custody agreements and the well-being of children.
Joint custody arrangements in New York often mean both parents are involved in major decisions affecting the child, even if the child primarily resides with one. In cases where one parent wishes to relocate, these arrangements can become complicated. According to Manhattan child custody lawyer Richard Roman Shum, “parents with joint custody must adhere to strict guidelines when deciding how far a parent can move while still maintaining joint custody agreements”.
Relocation introduces legal and emotional challenges, as both physical and legal custody play a role in determining the outcome. In his article, Manhattan child custody lawyer Richard Roman Shum explains that New York courts examine each relocation case through the lens of the child’s best interests. Even when joint legal custody is in place without joint physical custody, a move by one parent could disrupt the stability and access that joint custody is intended to provide.
The article, published by the Law Office of Richard Roman Shum, Esq., outlines how relocation requests are handled under New York law. Shum notes that a parent who wishes to move must either obtain the other parent’s written consent or file a petition for court approval. Without this, even a move within the state could be considered a violation of a custody order, potentially resulting in legal consequences such as contempt charges or modification of custody rights.
Among the many legal standards guiding these decisions is the Tropea Standard, established by the 1996 case Tropea v. Tropea. Richard Roman Shum explains that this standard shifted the focus from rigid rules to a case-by-case analysis. The court no longer bases decisions solely on the distance of a move but evaluates a range of factors, including the child’s relationships, the impact on education and social life, and the motivation behind the relocation. Shum highlights that under this framework, “no single factor, such as the distance of the move or the non-custodial parent’s objections, should automatically control the outcome”.
Legal requirements are also addressed in the article. A parent intending to relocate must give formal notice, including the proposed address and the reason for the move. Failure to provide proper notice may lead to modifications in custody or visitation rights. This requirement protects the rights of the non-moving parent while giving the court an opportunity to determine if the relocation supports the child’s stability and welfare.
The article outlines the importance of consistency in a child’s routine and how courts evaluate whether a proposed move could undermine that consistency. Factors such as emotional and physical capability of each parent, the presence of any history of domestic violence, and co-parenting cooperation are also considered. These issues can influence whether a relocation is permitted and how future parenting schedules are structured.
Richard Roman Shum encourages parents to carefully review custody agreements and consult legal counsel before initiating or opposing a relocation. He advises that even moves within the same geographic region should be approached cautiously, especially when parenting time and decision-making responsibilities are shared.
He notes that if a parent wishes to move for reasons such as employment, remarriage, or education, the court may approve the relocation if it demonstrably benefits the child. However, a strong legal argument must be presented, and Shum underscores the role of legal professionals in preparing such cases effectively.
Parents navigating custody changes often face emotional strain. Through his work at the Law Office of Richard Roman Shum, Esq., Richard Roman Shum offers guidance grounded in New York custody laws, helping families move forward while keeping children’s needs at the center of the legal process.
Anyone facing joint custody and potential relocation scenarios in New York should seek legal clarity early. Early legal intervention helps reduce misunderstandings, promotes fair outcomes, and limits the risk of violating court orders.
For those considering or contesting a parental relocation, legal support can make a measurable difference in the outcome. With careful planning and legal insight, families can address custody changes in a way that supports a stable environment for children.
About Law Office of Richard Roman Shum, Esq.
The Law Office of Richard Roman Shum, Esq. represents clients in a variety of family law matters throughout New York. Led by Richard Roman Shum, the firm provides legal guidance in custody, divorce, and visitation cases. The office works to protect parental rights while promoting the well-being of children during legal transitions.
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