Manhattan family law attorney Richard Roman Shum (https://www.romanshum.com/blog/how-far-can-a-parent-move-with-joint-custody-in-new-york/), from The Law Office of Richard Roman Shum, has published an insightful article titled "How Far Can a Parent Move with Joint Custody in New York?" This comprehensive piece addresses the complex matter of parental relocation within joint custody arrangements, providing essential guidance for parents navigating these challenging situations.
Manhattan family law attorney Richard Roman Shum explains that joint legal custody often involves both parents sharing the responsibility for raising their children, even if the children primarily reside with one parent. He emphasizes that understanding the legal guidelines surrounding parental relocation is crucial to avoid disputes and ensure the well-being of the children. "Parents need to be fully aware of the legal requirements and potential consequences of relocating with their children to make informed decisions," says Shum.
The article begins by defining joint custody in New York, where both parents share legal and physical custody of their child. Legal custody involves making major decisions regarding the child's welfare, while physical custody determines where the child primarily resides. Manhattan family law attorney Richard Roman Shum clarifies that joint custody arrangements ensure both parents have a say in significant decisions affecting their child's future, such as education, healthcare, and religion. These agreements must be in the child's best interest to receive judicial approval.
Shum further distinguishes between joint legal custody and joint physical custody. Joint legal custody allows both parents an equal say in important decisions, whereas joint physical custody refers to the time each parent spends with the child. He explains that it is possible for parents to have joint legal custody without joint physical custody, and vice versa. The court may grant both types of custody if it is deemed in the child's best interests, considering factors such as the parents' ability to cooperate and communicate effectively.
One key aspect addressed in the article is whether a parent can take a child out of state without the other parent's consent in New York. Shum explains that custodial parents must obtain either consent from the non-custodial parent or court approval before relocating a child out of state. Failure to do so can result in legal consequences, including being charged with contempt of the custody agreement. "The court's primary focus is the child's best interests, and custodial parents must carefully review custody agreements before making relocation decisions," Shum advises.
Notice requirements for parental relocation are also discussed. Shum outlines that parents intending to relocate must provide written notice to the other parent within a specific timeframe, detailing the intended date of relocation, new residence address, and reasons for the move. Failure to provide notice can result in custody modifications or contempt of court. The receiving parent has legal remedies to challenge the proposed relocation, such as filing an objection with the court.
Manhattan family law attorney Richard Roman Shum's article serves as a valuable resource for parents facing relocation decisions within joint custody arrangements. The detailed information and legal insights provided aim to help parents make informed choices that prioritize their children's best interests.
For parents contemplating relocation with joint custody, it is essential to understand the legal requirements and seek appropriate legal advice. Richard Roman Shum's article offers a comprehensive guide to navigating these challenges, ensuring that parents are well-informed and prepared for potential legal proceedings.
About The Law Office of Richard Roman Shum:
The Law Office of Richard Roman Shum, based in Manhattan, New York, can provide dedicated legal services in family law. Led by Richard Roman Shum, the firm focuses on assisting clients with child custody, divorce, and other family-related legal matters. The team is committed to offering personalized legal support to help clients navigate complex legal issues and achieve favorable outcomes for their families.
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