When you and your spouse file for divorce and you have a child, determining custody can be difficult. However, in the event you need to move a considerable distance away, this can make matters even more complicated. Parental relocation is a matter that is not taken lightly by the court, as there are a number of factors the courts will consider to determine how custody should be handled in this matter. If this represents what you and your family are going through, the following blog explores what you should know about this process, including why it is in your best interest to connect with a Long Island child relocation lawyer to help guide you through these difficult matters.
How Do the Courts Make Decisions Involving Parental Relocation?
When one parent needs to move a considerable distance away, whether out of state or further away in New York, and they cannot reach an agreement on the matter, the court will intervene. As with any matter involving child custody, the court will examine a number of factors to determine what is in the best interest of the child. As such, some of the most common factors the courts must consider during this matter include, but are not limited to, the following:
- Where the parent is moving
- Why the parent is moving
- The relationship between each parent
- How the move would impact the child’s emotional well-being
- How the move would impact the child’s education
- If the move is for work-related reasons
- Who the primary custodial parent is
It’s imperative to understand that as long as one parent has some custody time or visitation rights with the child, the court will consider these factors before making a decision to ensure the parental rights of the non-custodial parent are also taken into consideration.
What Should I Do if I Need to Move?
In the event you need to move, it’s important to connect with an experienced attorney to help guide you through this difficult time. They can assist you in fighting for the best possible outcome to help determine the best course of action for both you and your family. As such, they can help highlight how the move would not harm the child, but would act in the best interest of the child. They can also craft potential schedules to ensure the non-custodial parent can still see the child, such as planning weekend visits or trips over the summer.
At the Law Offices of Jay D. Raxenberg, we understand the impact a move of this nature can have on your family. That is why we will do everything in our power to help you navigate these difficult times to fight for the best option for you and your family. Contact us today to learn how we can represent you.
