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We consider ourselves to be tough lawyers. We aggressively work to pursue the best interests of children in every divorce case that comes before us. That’s because courts also want what’s in the best interests of children. Sometimes during or after a divorce, a custodial parent might want to move away to another location (relocate). This can happen because the custodial parent finds a new job, feels that another community would be better for their children, or simply wants a change of scenery for themselves. A move for the parent doesn’t always mean that it’s a bad move for the child as well.
A non-custodial parent has the legal right to contest this move. If you’re in the middle of a divorce or are divorced and want to relocate, you’re going to need an experienced lawyer on your side to explain to the non-custodial or joint custody parent why the move is in the best interests of your child. We’re the people that you need on your side when you walk in that court room to explain your situation. Specific laws govern what the courts will allow in relocation cases. If you want to move away, or prevent a move, you need a lawyer that knows these laws very well. They vary state by state. In New York, they will be very specific laws that determine the legal way to relocate when you’re divorced or divorcing.
Specific New York Relocation Laws
The best interests of the child
This is the “deciding factor” of any relocation case. The court wants to know why it’s in the best interests of your child to relocate with you. It’s our job to present your case and show the court why it’s in the best interests of your child or children to move away with you.
Your reasons for relocating
The court will want to know why you want to move. What are the reasons? We’ll explain your reasons to the court and explain how these reasons are definitely in the best interests of the child.
Financial, emotional, and educational factors
The court will also look at the way the move will impact your child. If the non-custodial parent doesn’t agree with the move, it’s our job to prove to the courts why your move will help your child or children educationally, emotionally, and financially. We’re very good at doing this and have an excellent track record in showing courts just why it’s okay for our client to relocate.
All of these things are at play when you go to court to request to move away from the non-custodial parent. If you’re a non-custodial parent who wants to prevent a move, we work on your behalf as well to show the courts why a move isn’t in your child’s best interest. We can handle either side of the law because we know that each situation is different. In some cases, a move is good. In others, a move will be detrimental to a child. Since we have four decades of combined experience in relocation laws, we’re able to communicate with the court and get your point across without harming any part involved. Call us and let us take on your relocation case.