With a deep understanding of the complexities involved, our attorneys provide strategic guidance to help you stay compliant with New York’s legal standards regarding child relocation. We navigate the intricate process of obtaining court approval, balancing the rights and best interests of the child with those of both parents.
Do not wait until the last minute to prepare to defend your right to maintain a relationship with your child. Rely on our child relocation attorneys in New York to represent you to the best of our ability.
New York State’s relocation laws are integral to cases where parental responsibilities and custody are shared or sole custody has been awarded to one parent.
Here are the key aspects of New York State relocation laws:
The primary consideration in any relocation decision is the well-being of the child. Courts will examine how the proposed move will affect the child’s emotional, physical, and educational welfare.
The custodial parent who wishes to relocate must provide a valid reason for the move. This might include better job opportunities, proximity to family who can help with childcare, or improved living conditions.
A family court will assess how the relocation will affect the non-relocating parent’s ability to maintain a relationship and regular visitation with the child. The feasibility of new visitation arrangements, including the logistics and financial implications of travel, will be considered.
If the other parent consents to the relocation, the process can be smoother. However, if the relocation is contested, the relocating parent must prove that the move is good for the child and not detrimental to the child’s relationship with the other parent.
The court will review the existing custody and visitation orders. Any decision will take into account how these arrangements were working and the degree to which each parent has followed them.
Generally, the custodial parent has a better chance of being granted permission to relocate, but this isn’t guaranteed. The court will scrutinize the motives behind the move and ensure they are legitimate and not intended to deny the other parent access to the child.
In contested cases, a hearing is typically required where both parents can present evidence and arguments for and against the relocation. This might include testimony from social workers, educators, or psychologists, along with financial records and personal testimony.
When one parent wants to move, the reasons for requesting the move and how the current child custody situation will change are important considerations.
Some of the considerations the court will make include:
If the child is old and mature enough, the court will give more weight to the wishes of the child. If the child does not want to move or does not want to spend less time with the parent being left behind, the court may block the ability of the parent who wants to move to take the child along.
If the custodial parent moves away without the consent of the court or the other parent in a situation involving shared custody, several legal consequences can follow:
Custodial arrangements are typically dictated by court orders, which often include specific restrictions on moving to make sure that both parents maintain a meaningful relationship with the child. Moving without court approval can be seen as a violation of these orders.
The non-custodial parent may file a motion with the court requesting enforcement of the custody order. This can lead to various legal actions, including a court order demanding the return of the child or a modification of the custody arrangement favoring the non-custodial parent.
In severe cases, the custodial parent could face legal penalties, which might include being held in contempt of court. This can result in the custodial parent being fined, forced to return the child, and, in extreme cases, imprisoned.
The court may reassess the custody arrangement. If it finds that the move could be harmful to the child, it may grant more custody rights to the non-custodial parent. This could result in a change from sole to shared custody or a switch of the primary custodian.
Moving without consideration of the child’s need to maintain a relationship with both parents might negatively influence the court’s view of the custodial parent’s judgment.
In some jurisdictions, the court may require mediation or legal counseling to resolve the dispute and to help both parents reach a viable agreement that prioritizes the well-being of the child.
When a non-custodial parent is opposed to the custodial parent’s plans to relocate with their child, there are several options available to contest the relocation.
Here’s a detailed look at what a non-custodial parent can do:
As soon as the non-custodial parent learns of the relocation plan, they can file a formal objection with the court that issued the custody order. This objection will likely lead to a hearing where both parents can present their arguments.
To prevent immediate relocation before the matter is resolved in court, the non-custodial parent might request a temporary restraining order. This order can prohibit the custodial parent from relocating the child until the court has had the opportunity to review the case.
The non-custodial parent can ask the court to modify the existing custody order. They can argue that the relocation would significantly disrupt the child’s life and their ability to maintain a relationship with both parents. The court will consider the distance of the move, the reasons for the move, and the potential benefits to the child.
During court proceedings, the non-custodial parent should present evidence showing that the move would negatively affect the child’s emotional, educational, and social development. This can include testimonies from teachers, counselors, and other professionals.
Offering practical alternatives to relocation might sway the court’s decision. This could include suggesting that the custodial parent commutes for work instead of moving or proposing a new visitation schedule that would allow the child to maintain a stable relationship with both parents.
Engaging in mediation with the custodial parent can be a less adversarial and more constructive way to resolve the dispute. Mediators can help both parents reach a compromise that may involve adjustments to the parenting plan that accommodate both the move and the child’s need to have regular contact with both parents.
At Levoritz Law Firm, we are dedicated to helping clients work through the complexities of child relocation cases. Our experienced attorneys work diligently to negotiate settlements that are agreeable to all parties and likely to be approved by the courts.
We understand the nuances of these negotiations, such as potentially increasing visitation days for the non-relocating parent, to facilitate a fair agreement.
When negotiations do not yield a resolution, our team is fully prepared to advocate for your interests in court. We use a range of effective legal strategies developed through extensive experience with similar cases, always tailoring our approach to the unique aspects of your situation.
Here’s how we can assist you:
For help with your child relocation matter, contact Levoritz Law Firm to discuss your case today.
Choosing Levoritz Law Firm for your custody relocation case offers significant advantages that stem from our dedication to client-centered service and legal knowledge.
Here are compelling reasons to trust us with your custody relocation matters:
Levoritz Law Firm focuses on family law matters with a strong focus on custody issues, including complex relocation cases. Our attorneys are deeply familiar with NYC family law statutes and bring a nuanced understanding of how these laws apply to your specific situation.
We prioritize negotiation to achieve amicable solutions that benefit all parties and are more likely to be upheld by the courts. Our team is skilled in crafting agreements that meet the court’s approval while ensuring the child’s well-being remains the priority.
If negotiations fail, our attorneys are well-prepared to advocate vigorously for your rights in court. We have a track record of success in litigation, employing strategic, evidence-based arguments that are tailored to the unique facts of each case.
Our team is dedicated to your case from start to finish, ensuring that you are informed and supported throughout the process. We invest time in understanding your goals and work diligently to protect your interests and those of your child.
Meet Yonatan Levoritz, the founder of Levoritz Law Firm, recognized for his exceptional skill in family law, his compassionate manner, and his commitment to achieving favorable outcomes for his clients. Yonatan Levoritz has a long record of winning challenging and complex cases.
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At Levoritz Law Firm, we understand that navigating family law matters can feel overwhelming. To help you feel informed and confident, we’ve compiled answers to some of the most frequently asked questions about high-net-worth divorce, custody, and other family law concerns. Explore below to learn more about your options.
In New York, a parent cannot move a child out of state without court approval or the consent of the other parent, especially if it significantly impacts the child’s relationship with the noncustodial parent.
In New York, there is no specific age where a child can unilaterally decide which parent to live with. However, a child’s preference is considered by the New York courts as one factor among many, especially as the child gets older.
A judge might deny relocation in New York if it is deemed not in the child’s best interests, such as if it were to negatively affect the child’s education, social life, or access to the non-relocating parent.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, Yonatan Lavoritz who has more than 20 years of legal experience as a divorce & family attorney.
The information you obtain from this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
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