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Divorces take a toll on both parties but no party is so vulnerable as the beloved children that must also be a subject during a divorce. Child custody is one of the most sensitive of all divorce subjects and the one subject with the most at stake. We realize that. Our divorce lawyers bring four decades of experience with them into every single case that they work on, and this is vital to every case because of things like child relocation laws. While a married couple with no children can pretty much go anywhere they want to go during and after a divorce, a parent with joint custody or primary custody can’t simply pack up and leave every time they want to. The other parent has a right to know where their child is going to be, and most of the time this means that spontaneously relocating in the middle of a divorce proceeding or after it will always be an issue for your lawyer.
Our lawyers have worked on thousands of cases dealing with custody and relocation. This area of practice is among the most important in all of divorce law. In all cases, the best interests of the child must be considered because a child needs a relationship with both parents during and after a divorce. Not only this, but when a child is relocated, they will have a different community, school, and extended family to have contact with. It’s for this reason that our lawyers fight hard to make sure that the best interests of your child are maintained during and after the divorce.
Moving on With Life After Parting
In the wake of separation or divorce, people are often eager to move on with their lives by physically leaving where they lived with their former spouse. This becomes a complex issue when there are children involved. When the custodial parent makes the decision to move with a child, this is legally referred to as a relocation. A judge in family court will give a relocation request serious consideration even when the move is for a very good reason. This is because the relocation has the potential to deprive the non-custodial parent of regular parenting time with the child. Relocation could also possibly deprive the child of access to the non-custodial parent.
Relocation in Child Custody Orders
Quite often, child custody orders and agreements address relocation before it comes up. The judge can hand down a court order, or the parents can come to an agreement that the custodial parent is required to remain within a limited geographical region with the child (e.g. the Borough of Staten Island or inside of New York City). If your child custody order does not address relocation, then a custodial parent who wants to move with their child has to ask the court for permission to relocate. Even when there is a right to move clause in the existing agreement, it is a good idea to proactively work out new parenting timetables with the non-custodial parent or seek a court order to make certain that the move is approved by the court.
Parents Seeking to Move out of State With Their Children
A NY relocation lawyer can stand up for your rights when you are looking to move on with your life after separation or divorce. Relocating to start a new job or to get married again are two major events that people usually look forward to with optimism. Nevertheless, if you are sharing custody of a child or children with your ex, then relocating from New York may require consent of the other parent or an order of the court.
Today’s society is highly mobile, so it’s more common than ever these days for custodial parents to seek relocation in order to begin a new life, seek employment or be closer to their own family. While these reasons are taken into account by the court during a relocation case, the moving parent must also demonstrate that the transition will be beneficial to the child compared to the current standard. These claims have to be backed up with solid arguments, which is why it’s essential for parents to get advice from a professional custody and relocation lawyer with experience to build a strong case.
Important Things to Consider in Relocation
Courts will look at a request to relocate and ask many different questions. Some of the most pressing questions will be:
– Why does the custodial parent want to leave?
– In what way will the children benefit if the custodial parent moves?
– In what way will the children be harmed if the custodial parent moves?
– What attachments does the child have to each parent?
All of these things are questions for the courts to consider. Before the court considers them, we as divorce lawyers, will also consider them and determine the ways in which we can best help both parents achieve a desirable outcome. If you’re a parent who wants to relocate, we can help you do this and explain it to the court in a way that gets you your desired outcome. If you’re divorced or getting a divorce and want to prevent the other parent from moving, we can help represent you and show the courts why relocation isn’t a good idea in your situation.
It’s our sincere belief that relocation can be one of the best or most damaging things depending on the situation. That’s why we take everything case by case and work vigorously to get you the outcome you, as a parent, want for your child and for your family. If you have a relocation question, please contact us before acting on anything. During a divorce, it’s vital to act always in the best interests of the children. Before you relocate or even think about it, make sure that you’ve contacted our offices. We’ll help you understand relocation law and represent you with every power at our disposal.