Parental Relocation in New York

How does relocation affect child custody?

After divorce, life may throw a curve ball in your direction, causing you to consider relocation. If you are the parent with custody of any minor children, this may prove to be a challenge. Although a court order for child custody and child visitation must be followed, it can also be modified. Whether you have sole custody or share joint custody with your ex-spouse, you will need the legal guidance of our Long Island divorce attorney to help you change a court order and resolve your situation.

Long Island Divorce Lawyer Explains Relocation Concerns

In New York, relocation laws are very strict. An individual who needs to pursue relocation must go through the courts if he or she wants to relocate with a minor child. If the parents cannot agree, then the child custody issue must be reexamined by the court. The judge will determine child custody based on what is in the best interests of the child.

What is in your child's best interest will primarily depend on the situation at hand. Because the final decision is primarily dependent on the judge's determination of what is in the minor child's best interest, you will need strong legal guidance by your side so that you and your attorney can present a compelling case to the judge.

When pursuing a change in residence, keep in mind the specific rules pertaining to your case. In New York, the judge also bases his or her decision on the intent of the custodial parent's relocation. As long as the motivation does not interfere with the other parent's ability to visit the child, it will likely be granted.

At the Rubenfeld Law Firm, we understand the laws associated with relocation and are adept in the legal work related to such requests. No matter what the reason for your relocation request, a Long Island family lawyer from our firm can help strengthen your case to achieve a successful result.