New York Child Relocation Lawyer
Do You or Your Ex-Spouse Wish to Move Out of State?
The relocation process is challenging enough for parents that have filed for
divorce, but the legal system in New York presents some additional issues that
must be addressed prior to the relocation of a minor child. In any type
of relocation proceedings, the family court will be primarily concerned
with the effect that the relocation will have on the child.
The court will consider the following:
- The child's happiness in the current location
- The motivations of the parent wishing to move
- The quality of the child's bond with both of their parents
- The ability to preserve a relationship with the other parent
child custody agreement that is in place
- The emotional and physical health of the child
- The financial consequences of the move
Relocation cases require effective legal representation to ensure that
the court hears your side of the story. Whether you are a parent looking
to relocate to another city or state, or you oppose the intended relocation
of your child, it is essential that you contact a New York divorce attorney
immediately to ensure that all the necessary issues are addressed.
Considering the Best Interests of the Child
In any relocation case, the court is required to consider the best interests
of the child above all else. While the rights of both parents must also
be considered, a family court judge will not rule in favor of relocation
if they believe that the move could have a harmful effect on the child.
Adjusting to a new community, school, and circle of friends can be difficult
for a child—especially if they are supported by a large network
of friends and family where they currently live.
In some cases, however, the court may find it beneficial for the child
and their custodial parent to “start fresh” in a new city
or state. The truth is that every case will be different. Whether you
are hoping to relocate with your child or you, as the non-custodial parent,
wish to preserve your
visitation rights, it is imperative that you seek representation from a NYC divorce
lawyer at Eiges & Orgel, PLLC. Our firm has been helping families
with complex legal matters for decades.
How Relocation Could Affect Child Custody
Although rare, the court may find that a
change of custody would be in the child’s best interest if the custodial parent wishes
to relocate. In cases where the child’s ties to the non-custodial
parent and their current community are so strong that a long-distance
move would be undesirable, the court may agree that the child should be
transferred to the non-custodial parent’s custody—rather than
forcing the custodial parent to stay put. In other cases, it might be
best for the non-custodial parent to move as well; however, the outcome
of each case will depend on the circumstances.
Effective Legal Representation for Relocation Cases
For more than 40 years, the family law attorneys at Eiges & Orgel,
PLLC have successfully protected the rights of clients involved in the
relocation process. We understand that this is a difficult ordeal to be
facing, but you can feel confident being in the hands of a firm with the
experience to know what to expect and to fully apprise you of your options.
We believe in personal attention, and we have the know-how to help you
formulate the best possible strategy.
When your future is on the line, you need to be sure that you are doing
everything possible to obtain the just outcome that you deserve. We know
what's at stake, and we are prepared to go the distance to help you.
We are aggressive advocates for the rights of our clients and are not
intimidated by litigation. While we will always look to work with the
other side, should this not be possible, we will be willing to take a
case to court where we will fight for our clients.
Contact a New York child custody lawyer
at Eiges & Orgel, PLLC
if you or your former spouse is planning on moving away, and you have an
existing court order that must be addressed. We offer free case evaluations.