Maintain Your Rights During a Move
In many divorce cases, the issue of "parental relocation" will arise at some point in time after the divorce. Whether the custodial parent wishes to move because of a job opportunity, to be closer to family, remarriage, or simply to gain a fresh start, it is an important issue which comes with legal ramifications for both parents.
The New York courts are rather conservative when it comes to parent relocation. When making a decision in a move-away case, they will be more concerned about the best interests of the child than how such a move will benefit the relocating parent. Our Long Island divorce lawyers can help explain your rights and responsibilities in a parent relocation case when you schedule your free, confidential case evaluation.
What factors are Considered in a Relocation Case?
One of the important factors that the court will consider during a relocation case is the relationship the child has with the noncustodial parent. If the child has a very strong bond with the noncustodial parent and that parent is very active in the child's life, the courts may be less inclined to allow the move. On the other hand, if the noncustodial parent skips visits with their child on a regular basis and rarely sees their child, the courts may be more inclined to make a decision in favor of the relocating parent.
Another important factor is if the move would greatly improve the child's quality of life and standard of living. Every relocation case is unique and the courts must consider all of the relevant factors before making a decision on behalf of either parent. Other considerations the court will weigh heavily include:
- The quality of life the child will have if the move were to be allowed or denied
- The possibility that the child can maintain visitation with the non-custodial parent
- The effect the move might have on relationships with extended family members
- The attachment between the child and the non-custodial parent
- The child's ties to the community
- Whether or not there was a geographical restriction agreed upon by both parties in the separation agreement or original divorce decree
Wisselman & Associates: Protecting Your Rights
Whether you are the custodial parent who is seeking to relocate with your child or if you are the noncustodial parent who wishes to contest such a move, we suggest that you contact our Long Island parental relocation attorneys at Wisselman & Associates. We have been practicing family and divorce law in Long Island for more than 30 years. We can help explain the legal ramifications of parental relocation and we can provide you with professional legal representation in this matter.
To discuss your case in more detail, contact Wisselman & Associates to schedule your free initial case evaluation.