New York Child Relocation Attorneys
Brooklyn family lawyers assist when a move might affect custody terms
One of the most difficult issues facing divorced parents arises when a custodial parent expresses the desire to relocate to a residence that is farther away from their co-parent. Depending on the specific circumstances, this could make it more difficult, time-consuming and expensive for a father or mother to spend time with their child. Joint physical custody arrangements might to be altered if the move would make frequent exchanges with stays of short duration impracticable. If you are considering a relocation that affects your custody situation or seek to oppose the attempt of your ex to move away with your son or daughter, the New York child relocation attorneys at Goldberg Sager & Associates in Brooklyn will advise you regarding your rights.
Common reasons why parents seek to relocate
There are plenty of reasons a parent might want or need to relocate after a divorce, including:
- New job opportunity or a transfer to a different location
- A new romantic relationship
- Better educational opportunities for the children
- Proximity to family members
- A medical crisis for themselves or a loved one
- Quality of life considerations
Whatever the specific motivation might be for the move, parents can take the initiative to resolve the problem by modifying a marital agreement or divorce decree. Should this effort be successful, they can submit a new parenting plan to the court for approval. However, if they cannot reach a compromise, they must litigate the matter in family court.
Factors a court will consider for child relocation
A court can prohibit a parent from relocating with children if the judge believes the move is not in the best interests of their son or daughter. Factors a judge will consider include:
- The parent’s motivation for the move
- The burden the move places on the other parent’s rights
- The quality of the relationships between the parents and the children
- How the move will affect the children’s quality of life
- Whether the move will help preserve the children’s other relationships
A court is unlikely to approve a relocation that imposes a substantial burden on one parent’s rights without conferring a significant benefit on the children. If the effect of the move is somewhat neutral, the parties might be able to reach a suitable compromise by agreeing to fewer, but longer visits.
Is a relocation in the best interest of child?
Parents often want to relocate for reasons that don’t involve their children, such as a relationship with a new partner or a shift in job duties. However, a parent suggesting a relocation must be prepared to demonstrate in detail how moving to a new home will affect their son or daughter, including the impact of revised custody and visitation arrangements on their son or daughter.
Opposing a relocation
Many noncustodial parents rely on visitation because their circumstances will not allow them to assume the duties of a custodial parent. A noncustodial parent who has a close, active relationship with their children might convince a judge that the relocation would negatively affect their parent-child bond. For specific advice about your circumstances, you should consult a divorce lawyer in Brooklyn with experience fighting parental relocations.
