Helping New York Families for Over 60 Collective Years

Exceptional Solutions for You & Your Loved Ones

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.

The court will consider the following:

The child's happiness in the current location
The motivations of the parent wishing to move
The quality of the child's bond with both of their parents
The ability to preserve a relationship with the other parent
The current child custody agreement that is in place
The emotional and physical health of the child
The financial consequences of the move

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.

Need help with a child relocation case? Contact our experienced attorneys at Eiges & Orgel, PLLC today at (347) 848-1850 for a consultation.

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.

Understanding Custody Agreements and Relocation Provisions

Custody agreements play a critical role in child relocation cases, as they determine the rights and responsibilities of each parent regarding the child’s upbringing and where the child will live.

Joint vs. Sole Custody:

Joint custody means both parents share responsibility for decision-making. A parent requesting to relocate must typically prove the move is in the child’s best interest and not a disruption to the existing custody arrangement.
Sole custody means one parent has primary responsibility for the child. The custodial parent may have more flexibility in relocation, but the non-custodial parent still has the right to contest the move if it negatively affects their relationship with the child.

Relocation Provisions: Many custody agreements include specific clauses outlining the process for relocating, such as:

Notice requirements: Parents may be required to provide notice of intent to relocate within a certain time frame (e.g., 60 days).
Approval from the other parent or court: Some agreements may require one parent to seek permission from the other or the court before moving.

Modifying Custody Orders: If a parent wants to relocate and their current custody agreement doesn’t allow it, they must petition the court to modify the custody order. This typically involves:

Filing a petition: The parent seeking to relocate must file a request with the court.
Providing evidence: The parent must demonstrate that the relocation is in the child’s best interest and explain how it will affect the child’s relationship with the other parent.

Legal Process for Relocation Cases

Relocation cases involve specific legal steps and procedures, whether you’re requesting or contesting a move.

Filing for Relocation:

Petition: The parent requesting relocation must file a petition with the family court, providing reasons for the move.
Required Evidence: Evidence could include job offers, family support, housing arrangements, and how the move will benefit the child emotionally, educationally, and socially.
Court Hearing: A hearing will be scheduled where both parents present their arguments, and the judge will decide based on the child’s best interests.

Opposing a Relocation Request:

Petition to Object: The non-relocating parent can file an objection to the move.
Challenges: They may argue that the move disrupts the child’s current lifestyle or harms their relationship with the non-custodial parent.
Burden of Proof: The parent opposing the move must provide evidence to prove the relocation is not in the child’s best interest.

Impact on Visitation and Parenting Time

When a child is relocated, visitation schedules may need to be adjusted, especially if the relocation is far from the other parent.

Visitation Adjustments:

Long-Distance Visitation: Parents may need to create new visitation arrangements, which could include extended visits during holidays or school vacations.
Travel Costs: The relocating parent may be responsible for covering travel expenses, or the court may order a more equitable division of costs.

Virtual Visitation:

Video Calls: For long-distance moves, virtual visitation (like video calls) may be incorporated into the custody arrangement to maintain the child’s relationship with the non-relocating parent.
Texting/Email: The court might also allow other forms of communication, such as texting or emails, to help preserve the bond between parent and child.

Understanding these processes and how they impact custody, visitation, and parenting time is crucial for parents considering or opposing a child’s relocation. It ensures that both parents can make informed decisions while keeping the child's best interests at the forefront.

FAQs About Child Relocation in New York

Can a parent relocate with a child without the other parent's consent?
No, a parent cannot relocate with a child if the other parent objects, unless there is a court order or agreement in place allowing the move. The parent wishing to relocate must typically get the court’s approval, especially if it affects custody or visitation arrangements.
What factors will the court consider when deciding whether a child can relocate?
The court will evaluate the best interests of the child, including factors like the child’s relationship with both parents, the reasons for the move, the impact on the child’s emotional well-being, and how visitation will be handled after the relocation.
What if one parent opposes the relocation, but the child wants to move?
While a child’s preferences may be considered, especially if they are older, the court will prioritize the best interests of the child over their personal desires. The judge will assess how the move will impact the child’s life as a whole.
How does a relocation affect a child’s custody arrangement?
A relocation may require modification of the existing custody arrangement, especially if the move impacts the child’s relationship with the non-custodial parent. In some cases, the court may change custody to maintain a meaningful relationship with both parents.Can virtual visitation replace in-person visitation after a relocation and custody problems?
While virtual visitation can help maintain a relationship, especially for long-distance moves, it is not a full substitute for in-person visitation. Courts may allow for virtual visitation, but they typically prefer in-person contact as the most effective way to maintain a bond between parent and child, particularly when custody problems are involved. The court will generally prioritize meaningful, direct contact between the child and both parents to ensure a strong relationship.

Considering relocation with your child? Contact Eiges & Orgel, PLLC at (347) 848-1850
to discuss your legal options.

You Want Us On Your Side

Start With a Consultation

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Reason for Inquiry
Please make a selection.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.

Effective Legal Representation for Relocation Cases

PLAY

Choosing a New York City divorce lawyer is an investment in your future. You need an attorney that knows and understands the intricacies of the law. The divorce attorneys of Eiges & Orgel, PLLC have the experience you need to protect your interests.

For more than 60 collective years, the child relocation attorneys at Eiges & Orgel, PLLC have successfully protected the rights of clients involved in the relocation process. We understand that this is a difficult ordeal to be facing, but you can feel confident being in the hands of a firm with the experience to know what to expect and to fully apprise you of your options. We believe in personal attention, and we have the know-how to help you formulate the best possible strategy.

When your future is on the line, you need to be sure that you are doing everything possible to obtain the just outcome that you deserve. We know what's at stake, and we are prepared to go the distance to help you. We are aggressive advocates for the rights of our clients and are not intimidated by litigation. While we will always look to work with the other side, should this not be possible, we will be willing to take a case to court where we will fight for our clients.

Contact a New York child relocation lawyer at Eiges & Orgel, PLLC if you or your former spouse is planning on moving away, and you have an existing court order that must be addressed. Call us (347) 848-1850 now!

What Makes Us the Right Choice

AVVO Ranked Superb & "Clients' Choice" Winner
AV® Rated by Martindale- Hubbell®
Resolved Over 3,000 Divorce Cases
Two Attorneys Named to Super Lawyers

Work Directly With an Attorney, Not a Staff Member

From Beginning to End, You Will Work With Your Lawyer

“Mr. Eiges is very a patient and a very knowledgeable attorney.” - Cheung
“Mr. Eiges will help you finish the case as fast as possible and will try his best to stay with in budget.” - Yossi
“Mr. Eiges was consistently able to neutralize his efforts, keep things civil, and keep the process moving forward.” - V. S.

You Want Us On Your Side

Experience Is Critical. We've Handled Thousands of Cases Over the Years and We're Ready to Help You. Call Now for a Comprehensive Consultation

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Reason for Inquiry
Please make a selection.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.