Child Relocation in New York State

One of the touchiest subjects for divorced parents is child relocation. However, if you are a divorced custodial parent, there is a very good chance that as your life changes, you may need to move. However, there are several things you need to know before proceeding, as the relocation process may not be as simple as you think. Please read on and reach out to our compassionate firm to learn more.

How do New York courts determine whether a custodial parent can relocate with their child?

If you are seeking to relocate with your child, you will have to obtain a court order. Since changing locations is a big deal for both you, and especially your child, these decisions must be approved by the New York court system first. If you are not granted court approval and move anyway, there is a very good chance you may have your parental right to child custody either diminished, or completely taken away.

Unfortunately, no matter how necessary relocation is, there is a very good chance your former spouse will try to contest the move. That is where our firm comes in. We are capable of collecting and presenting evidence as efficiently as possible, proving that your move is both necessary and in your child’s best interest.

What factors do New York courts consider?

When determining whether your move is out of necessity, New York courts will consider whether you need medical treatment, are pursuing a new career, moving in with a new spouse, are moving to keep your children safe, or are seeking to move closer to your child’s extended family. These are all reasons that have granted relocations in the past, however, you will still most likely need an attorney on your side.

In terms of your child’s best interests, New York courts will consider facets of both your life, the move, and more. For example, they will consider your reasoning for moving, your former spouse’s reasoning for contesting the move, whether your child has a preference either way, whether the move will benefit your child and improve the quality of his or her life, and more.

Contact our experienced New York firm

Divorce is complex. Fortunately, our firm is here to address any questions and concerns you may have regarding your rights, assets, and future. When you choose our firm to represent your best interests, we address each of your concerns and answer all of your questions to help you rest assured knowing you have a compassionate, skilled firm fighting in your corner. We leave no stone unturned. No matter your legal situation, if you need us, we are here. We pride ourselves on providing sympathetic service and aggressive representation to clients all over Suffolk County. Do not hesitate to contact the Law Offices of Susan A. Kassel, P.C. for a consultation.