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.

New York courts will not automatically approve or deny requests for relocation. Instead, the judge assigned to the case will carefully consider the unique circumstances of the family before determining whether or not to approve the claim.

For those on Long Island, these cases generally proceed through the Nassau County Family Court or the Suffolk County Family Court, depending on where the custody matter is filed. Because many Long Island relocation disputes involve moves between Nassau County, Suffolk County, New York City, and neighboring states, the courts will consider matters like education, transportation, and the viability of current parenting schedules after relocation.

What Factors Do Courts Consider During a Relocation Case?

When determining whether or not a relocation request should be approved, the court will consider a number of factors, including how the proposed move could impact a child’s life, stability, and their ability to maintain a relationship with both parents.

Factors Related to the Proposed Move

  • Where the parent is moving
  • Why the parent is moving
  • If the move is for work-related reasons
  • If the move would improve financial stability
  • If the move would provide increased educational opportunities for the child
  • If the move would place the child closer to extended family and support systems
  • If the move is proposed in good faith

Factors Related to the Child’s Well-Being

  • How the move would impact the child’s emotional well-being
  • How the move would impact the child’s education
  • The child’s ties to their extracurricular activities and community
  • If the move would impact the child’s education and schoolings
  • The child’s relationship with extended family and siblings
  • If the child would face instability
  • The age and developmental needs of the child

It’s important to understand that the courts will evaluate the distance between the parents’ homes, if the move would disrupt established educational routines, and whether or not parenting schedules are modified if relocation substantially increases travel time across Long Island.

Factors Related to the Non-Custodial Parent’s Rights

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.

  • The relationship between each parent
  • Current parenting or visitation schedules
  • If virtual visitation or extended holiday/summer vacation visitation is feasible
  • Whether relocation would unfairly impact one parent’s access to the child

What Should I Do if I Need to Relocate With My Child?

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.

An attorney can help demonstrate how the proposed relocation actually serves the best interests of the child while preserving the relationship between the child and their other parent when viable. 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.

How An Attorney Can Assist During a Relocation Case

  • Present evidence supporting the reason behind the relocation request
  • Demonstrate how the move supports the best interests of the child
  • Develop revised parenting schedules
  • Address matters related to school enrollment and continuity in education
  • Respond to objections raised by the other parent
  • Represent parents during custody modification hearings
  • Negotiate transportation

Can Custody Orders Be Modified After a Relocation?

In many relocation requests that proceed through the Nassau and Suffolk County Family Courts, a current custody arrangement must be modified. As a move can substantially impact parenting time, the court may need to formally modify the custody schedule to account for matters like distance between the parents and travel considerations. Modification requests can involve:

  • Updated parenting time
  • Transportation responsibilities
  • Holiday visitation schedules
  • Summer parenting time
  • Virtual visitation
  • School break considerations

Contact an Experienced Nassau County Child Custody Attorney Today

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.