New York Child Relocation Lawyer

Do You or Your Ex-Spouse Wish to Move Out of State?

The relocation process is challenging enough for parents that have filed for divorce, but the legal system in New York presents some additional issues that must be addressed prior to the relocation of a minor child. In any type of relocation proceedings, the family court will be primarily concerned with the effect that the relocation will have on the child.

Relocation cases require effective legal representation to ensure that the court hears your side of the story. Whether you are a parent looking to relocate to another city or state, or you oppose the intended relocation of your child, it is essential that you contact a New York child relocation attorney immediately to ensure that all the necessary issues are addressed.

Considering the Best Interests of the Child

In any relocation case, the court is required to consider the best interests of the child above all else. While the rights of both parents must also be considered, a family court judge will not rule in favor of relocation if they believe that the move could have a harmful effect on the child. Adjusting to a new community, school, and circle of friends can be difficult for a child—especially if they are supported by a large network of friends and family where they currently live.

In some cases, however, the court may find it beneficial for the child and their custodial parent to “start fresh” in a new city or state. The truth is that every case will be different.

New York Courts will balance several factors in deciding if the relocation will be in the best interest of the child or children. The leading case, Tropea v. Tropea, 81 N.Y. 2d 727 (1996), lays out the main factors that courts should take into account when such requests are made, including but not limited to:

1. the reasons each parent has for either seeking or opposing the move;
2. the type of relationship the child has with both the custodial and noncustodial parent;
3. the impact that the move will have on the child's future contact with the noncustodial parent;
4. the degree to which the custodial; parent's and child's life will be enhanced by the move, including economically, emotionally and educationally;
5. the ability to preserve the relationship between the noncustodial parent and child through visitation.

The Court will utilize these factors along with any other information that the Court finds important in making a decision whether the children may be allowed to relocate.

Whether you are hoping to relocate with your child or you, as the non-custodial parent, wish to preserve your visitation rights, it is imperative that you seek representation from a NYC child relocation lawyer at Eiges & Orgel, PLLC. Our firm has been helping families with complex legal matters for decades.

How Relocation Could Affect Child Custody

Although rare, the court may find that a change of custody would be in the child’s best interest if the custodial parent wishes to relocate. In cases where the child’s ties to the non-custodial parent and their current community are so strong that a long-distance move would be undesirable, the court may agree that the child should be transferred to the non-custodial parent’s custody—rather than forcing the custodial parent to stay put. In other cases, it might be best for the non-custodial parent to move as well; however, the outcome of each case will depend on the circumstances.