Relocation
Child Custody and Relocation Cases | Family Law Attorneys on Staten Island, New York
A wide number of factors can contribute to a need to relocate. Career advancement, remarriage, or even a shaky local economy can prompt the desire to move to a more optimal place to raise a family. But how does this work with child visitation agreements? That’s a valid concern and exactly why a competent family law attorney should be standing by your side through this process.
Our family law attorneys at Soren Law Group have experience with child custody and relocation cases. We understand the challenges you may face when attempting to relocate and will provide you with the best possible legal counsel and representation.
There are a few things to note about child relocation cases. First, it’s important that you consult with a child custody attorney as soon as you know that you may need to relocate. This will allow us to file the necessary paperwork and start building a case for why the relocation is in the best interest of your child or children. Family relationships are important, but so are stability and opportunity. We will work with you to find the best resolution for your particular case.
Second, the family court will always prioritize what’s in the best interest of the child when making a decision about relocation. This means that even if you have a strong case for why the move is necessary, the court may still rule against child relocation if it feels that it would not be in the child’s best interest.
And finally, you should be prepared for a long and difficult legal battle if the other parent objects to the relocation. It’s important to have a competent attorney by your side who can help you navigate the challenges of a relocation case. Family courts are often reluctant to rule in favor of child relocation, so you must be prepared to make a strong case for why the move is necessary.
If you’re considering relocating, or if you’ve been served with notice of another parent’s intent to relocate, Contact Us at Soren Law Group today. We can help you understand your options and protect your custody rights.
Frequently Asked Questions
Generally speaking, if you have to move for work, the court will find that it is in the best interest of the child to relocate with you. However, there are some situations where the court may find that it is not in the best interest of the child to relocate, such as if the child has strong ties to the community (such as grandparents, aunts, uncles, etc.) or if the child is doing well in school. In these cases, the court may require that you maintain regular visitation with the child or even grant primary custody to the other parent.
In general, no. New York courts require both parents to agree to relocation before it will be approved. However, there are some circumstances in which a court may grant permission for one parent to relocate despite the other parent’s objections. A custody order can be modified if the proposed relocation is in the best interests of the child.
Generally speaking, the further away the other parent lives, the more difficult it will be to maintain a relationship with the child. However, there are many ways to stay in touch with children, such as through Skype, FaceTime, and other forms of electronic communication. A visitation schedule can also be arranged so the child can visit the non-custodial parent on weekends, during school breaks, and other times.
If you are in the midst of a divorce, you will need to get permission from the court before you can relocate with your children. Custody decisions are generally made based on what is in the best interests of the child, so if the court believes that it is in the child’s best interests to stay with the other parent, you may not be able to relocate.
Custodial Parents’ Relocation with Child
If you are the custodial parent and wish to relocate with your child, you must provide notice to the non-custodial parent of your intent to move. The notice must be in writing and must include:
- The address of the proposed new residence
- The date of the proposed move
- A statement of the reasons for the move
If you are relocating more than 50 miles from your current residence, you must also provide:
- A proposed parenting schedule for the child
- A statement of the reasons why the proposed parenting and custody schedule is in the best interest of the child
If the non-custodial parent objects to the relocation, the matter will go to court. The court will consider a number of factors in making its decision, including:
- The child’s age and relationship with each parent
- The impact of the move on the child’s education
- The impact of the move on the child’s social life (friends, activities, etc.)
- The financial impact of the move on the child and each parent
- The distance of the move
- The reason for the move
- The ability of each parent to facilitate a relationship with the other parent
If you are considering relocating with your child, consulting with an experienced family law lawyer is important. The lawyers at Soren Law Group have experience handling relocation cases and can help you understand your rights and options. From child custody orders to parenting plans, our lawyers will work with you to find the best resolution for your particular case.
Non-Custodial Parents’ Objection to Child’s Relocation
When a custodial parent wishes to relocate with a child, the non-custodial parent often objects. The grounds for objection typically fall into one of two categories: the parent believes that the relocation is not in the child’s best interest, or the parent believes that the relocation will interfere with his or her ability to maintain a relationship with the child. If you are a non-custodial parent and you wish to object to your child’s relocation, it is important that you understand the child custody law and the process for doing so.
If you have joint custody, both you and the custodial parent must agree to the relocation. If you do not agree, the custodial parent must get permission from the court before moving.
The first step is determining whether the custodial parent has provided adequate notice of his or her intention to relocate. New York law requires that the custodial parent provide at least 60 days’ notice to the non-custodial parent before relocating with the child.
If the custodial parent does provide adequate notice, the non-custodial parent must then file an objection to the relocation with the court. The objection must be in writing and must be served on the custodial parent either personally or by certified mail. The objection must state the specific grounds on which the relocation is objected to.
If you are the non-custodial parent and object to your child’s relocation, you should contact a lawyer as soon as possible. The lawyers at Soren Law Group will do everything possible to help you maintain your relationship with your child.
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What Effect Does Relocation Have On Child Custody Arrangements?
This is a question many people have. Each case is unique, and the court has to evaluate all sides in order to determine what is in the best interest of the child or children involved. Frequent and ongoing visitation is important to maintain a strong relationship between the child(ren) and the non-custodial parent. That is a well-known truth. This fact must be weighed against the potential benefits to the child(ren) if the custodial parent can show that moving will likely prove positive for the child(ren) ’s well-being.
Why Do I Need An Attorney To See My Family Through A Relocation After Divorce?
Many sides go into determining what the best outcome is for the child(ren) in each individual case. Facts like the reason for the relocation request, the strength of each parent’s relationship with said child(ren), financial and educational implications for both sides, and the ability of the non-custodial parent to continue visitation despite the distance to sustain a strong parent/child relationship are all things the court will need to consider before making a ruling.
Family law cases like these can be complex and feel overwhelming. With a capable Staten Island family law lawyer, parents can rest easy knowing they are not only receiving excellent representation but someone with their best interest at heart. We value our clients and pour our heart and soul into every case. When you trust us here at Soren Law, you can be assured that we’ll go above and beyond for you and your family each and every time.
Get in Touch with Soren Law Group Today – Child Custody Lawyers on NYC
When it comes to child custody laws, relocation can be a difficult and emotional issue. From custody arrangement, custody agreement, child support, and visitation rights to grandparents’ rights, any custody issues need to be navigated with the utmost care. Contact us today at 718-815-4500 if you need help navigating the oftentimes rocky road of relocation after divorce. We’re here for you.
