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New York Move Away Custody Lawyers

In the State of New York, all child custody cases are handled by the Family Court system. This court system is unique in many respects, with a number of characteristics that make it far different and more challenging that practicing in other areas of the law.

This is why the best lawyers to hire in child custody cases are those who specialize in that area of the law. Our lawyers have decades of experience handling child custody cases. We have the relevant case law knowledge, the litigation skills and the experience of what works and what doesn’t to give you the edge you need in your child custody hearing.

Unlike other areas of the law, the Family Courts are heavily reliant on case law. While there are some areas of statutory law, such as the New York Domestic Relations Laws, that inform the rules, procedures and range of permissible decisions in Family Court, the vast majority of what goes on there is bounded by the existing body of case law. This makes family law in the state of New York a particularly intricate and challenging area in which to practice.

A good lawyer with extensive experience and knowledge will be able to use the case law and the principles defined by it to position you in a way that maximizes your chances of prevailing in your child custody hearing.

When one parent moves, things can get tricky

If you are involved in a child custody situation where your ex-spouse has unilaterally decided to move a long distance away and take the kids with them, it is likely that your primary goal will be either to prevent them from moving far away or to gain sole custody of the child or children. The bad news is that these situations rarely have a constructive joint custody solution, where both parents can come to some sort of amicable agreement. This is particularly true when one spouse is leaving due to a job or other economic necessity.

On the other hand, the good news is that there is a high likelihood that you will be able to win joint custody, particularly if you can demonstrate that the other spouse is creating a situation that is threatening to interfere with your relationship with your children or that is violating either the letter or the spirit of prior Family Court rulings.

An expert child custody lawyer will be able to help you raise doubts in the eye of the court about the intent and the ability to parent of the party attempting to take the kids away. They will be able to present any evidence that may help your case, such as prior drug/e-liquid or alcohol abuse, any kind of behavior that may be construed as neglect or abuse and anything that may indicate that the other parent has been negligent. They will also be able to call expert witnesses to testify both for you and against the other parent, raising doubt as to the ability of the opposing parent to effectively carry out their parental duties.

And unlike in a criminal trial, where these things may be regarded as merely circumstantial, in the setting of Family Court, they may be considered dispositive by the judge, particularly if many such facts begin to accumulate that paint a negative picture of the opposing spouse’s parenting ability.

But most importantly, any long-distance move may be shown to be detrimental to the social lives, educational situation and even the mental health of the child or children involved. A lawyer who understands the process can often raise enough doubt for the moving spouse to be forced to either stay or relinquish custody.

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.


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
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I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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