A custodial parent may wish to relocate with their child for any number of reasons. Perhaps they wish to be closer to friends or extended family, or they may have accepted a job offer or transfer that will afford them better future opportunities. Whatever the reason, relocation is a bit more complex for a divorced parent than for other parents because they must consider how their move will affect the visitation and custody rights of the other parent.
Child custody laws are very strict in New York. If a divorced parent wishes to relocate with their child, they must seek the permission of the court. The court will then make a determination based on whether they agree that the move is in the best interests of the child (pursuant to Tropea v. Tropea, 1996).
The court will consider the following factors when making a decision:
- Each parent’s reasons for seeking or opposing the relocation
- The child’s relationship with both parents
- The impact of the move on the quantity and quality of time spent with the non-custodial parent
- The quality of lifestyle the child would have if the proposed move were allowed or denied
- Any other factors relevant to maintaining a stable environment for the child
Each relocation request is considered based on its own individual merits with consideration given first and foremost to what is best for the child.
Relocation cases can be complex and are best left in the capable hands of a qualified New York child custody lawyer. At Eiges & Orgel, PLLC, our goal is to come up with a solution that protects your child’s best interests and allows them to continue enjoying a healthy relationship with both of their parents.
If you are considering relocating with your child, our firm can provide you with the guidance you need to move through the legal process towards a swift and favorable resolution. Contact our office today to schedule an evaluation of your case: (347) 848-1850.