Happy father and daughter packing books into cardboard boxes while relocating in new home

Long Island Child Relocation Lawyer

Divorce can be one of the most trying experiences in a person’s life; when children are involved, the time surrounding the period of divorce is often more complicated and sometimes more upsetting as well. One of the most common, yet often complicating scenarios after a divorce is when the custodial parent wishes to relocate with their child. Typically, this parent wants to move away, and the other parent opposes, as the move may significantly impact their time with their child. In such cases, it’s paramount to retain the services of a knowledgeable Long Island child relocation lawyer who can help ensure your child’s interests are protected.

Child Relocation Lawyer Serving Nassau & Suffolk Counties

The terms agreed upon at the time of a legal separation or full-out divorce are representative of the needs of the splitting couple as well as the best interests of the children at that time. However, those needs and interests can change. Often, after some time following the divorce, one parent may decide to move. If the move includes the children, the relocation could jeopardize the other parent’s ability to visit their children as often as they would like – as often as was agreed upon. In these situations, a Nassau County divorce lawyer should be contacted to help ensure that your parental and legal rights to your children are not sacrificed during any type of relocation.

Factors Considered When Requesting Relocation

When determining whether a parent can relocate with a child, New York courts carefully consider a range of factors to balance the child’s best interests with the rights of both parents. These factors include:

  • The Child’s Best Interests: The primary consideration is how the move will impact the child’s emotional, educational, and physical well-being.
  • Reasons for the Move: Courts evaluate the reasons behind the custodial parent’s desire to relocate, such as employment opportunities, better living conditions, or proximity to extended family support.
  • Impact on the Relationship With the Non-Custodial Parent: The potential effect of the move on the child’s relationship with the non-relocating parent is closely scrutinized, including how visitation and communication might be maintained.
  • Quality of Life Improvements: Whether the relocation will enhance the child’s quality of life, including access to better schools, safer neighborhoods, or more supportive environments.
  • Parental Motives: Courts assess whether the move is being proposed in good faith or if there is any intent to restrict the non-custodial parent’s access to the child.
  • Parent-Child Relationship: The nature and strength of the bond between the child and both parents, including which parent has been more involved in day-to-day caregiving.
  • Current Custody and Visitation Agreements: The existing custody arrangement and how feasible it would be to maintain meaningful contact between the child and the non-relocating parent.
  • Child’s Wishes: Depending on the child’s age and maturity, their preferences may be taken into account.
  • Alternative Visitation Arrangements: The court will consider whether a practical and realistic visitation schedule can be developed, allowing the non-custodial parent to maintain a strong relationship with the child.
  • Financial Considerations: The financial implications of the move, including who will bear the cost of facilitating long-distance visitation.

The Process of Relocating With a Child After Divorce

Securing the right to relocate with a child after a divorce in New York is a detailed and often complex process. Here’s an overview of the steps involved:

  1. Filing a Petition: The custodial parent who wishes to relocate must file a formal petition with the family court, requesting permission to move with the child. This petition outlines the reasons for the relocation and proposes a revised custody and visitation plan.
  2. Demonstrating the Move Is in the Child’s Best Interests: The burden is on the relocating parent to prove that the move will benefit the child. This can involve presenting evidence such as job offers, school enrollment details, or improved living conditions.
  3. Court Hearing: Both parents have the opportunity to present their arguments in a court hearing. The judge will listen to testimonies from both sides, including any expert witnesses, and may speak to the child if appropriate.
  4. Evaluation of Circumstances: The judge considers all relevant factors, such as the child’s needs, the reasons for the move, and how the relocation will affect the relationship between the child and the non-custodial parent.
  5. Judicial Decision: After evaluating the evidence, the judge will make a decision based on what they believe serves the child’s best interests. The court may approve the move with conditions, such as modified visitation schedules or financial arrangements to cover travel expenses for the non-custodial parent.
  6. Modifying the Custody Order: If the relocation is approved, the custody and visitation order will be adjusted to reflect the new circumstances. This could include provisions for virtual visitation, extended holiday visits, or other arrangements to ensure meaningful contact with the non-relocating parent.

Contact a Nassau County Child Relocation Lawyer

Here at the Law Offices of Jay D. Raxenberg P.C., we are dedicated to protecting our clients’ best interests and that of their children. If you’re looking to move away with your child or are opposing a move, please don’t hesitate to contact a skilled child relocation lawyer from our firm today.

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