If you are a divorced parent in New York, there is a very good chance that you will have to move in the months or years after your divorce was finalized. Unfortunately, this is very often a complicated process, which is why you need an experienced attorney on your side. Here are some of the questions you may have regarding the relocation process in New York State:
How do New York courts decide whether a custodial parent can relocate with their child?
Divorced parents who are residents of New York State and are planning to relocate with their child will either need the noncustodial parent’s consent or a court order to go ahead with the move. It can be a very emotional process when you wish to move, though your former spouse opposes the move. When this happens, you will need a court’s approval. If you leave without the court’s approval, you may lose custody of your child, so these matters should not be taken lightly.
For a court to approve, it will need various types of proof that can demonstrate the move is in your child’s best interest, as this is of the utmost concern to these courts. To prove your case, it is always best to retain the services of an experienced and compassionate attorney who has helped clients relocate with their children for years.
What factors are considered when deciding on relocation?
When determining whether you can move with your child, courts will first consider the circumstances of your request, and whether your request is a legitimate one. Some reasons for moving that have granted court approvals in the past are as follows:
- Seeking to move closer to the child’s extended family
- Requiring crucial medical treatment
- Seeking to move to keep your family safe
- Moving in with a new spouse
- Moving for a higher paying job, or attend college, university, or pursue a higher education that could further you and your child’s economic opportunities
Additionally, as New York courts are primarily concerned with your child’s well-being, they may also consider the following aspects of the move:
- Your child’s preference, if he or she is of age and maturity
- Your reasoning for the move, as well as your former spouse’s reasoning for rejecting the move
- Whether your child will have an improved educational, social, or economic situation
- How to the move will affect the quality of your child’s life as a whole
Contact our experienced Long Island firm
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.
