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What to consider when moving the child out of state

Family courts have gradually evolved in the manner that visitation disputes are decided. With the increase in the numbers of single parents, it's become common for children to grow up a substantial distance away from the non-custodial parent. Obviously this raises concerns that the non-custodial parent will lose access and may otherwise lose touch with the child.

The increase in child relocations is not surprising. Many parents following a divorce wish for a fresh start and thus decide to move away - often to another state. However, in a jurisdiction like New York, before relocation of a child takes place the other parent must receive notification of the move in writing. A reason for the relocation is also required along with a proposed parenting plan dealing with the logistics of such child relocation.

Parents need to take into account a number of considerations concerning relocation:

  • Such matters often require an appearance before the court.
  • As every child custody matter has its own set of circumstances, the way a child reacts to relocation will be different in every situation.
  • At the center of every family law matter concerning children is the best interest and wishes of the child. A parent may need to demonstrate I court that the impact of the relocation upon the child will only be minimal.
  • Such relocation may be a contentious subject among relatives and acquaintances.
  • Whatever a court decides regarding relocation, it's important to do whatever is in your power to minimize the impact upon the child. It's sometimes extremely difficult to know whether relocation is the correct strategy to take as regards to the child's wellbeing.

Curt Arnel & Associates have tremendous experience in assisting both parents desiring to relocate the children, and parents that oppose such a move. We work with all of our clients to create a strategy that accomplishes the objectives of all parties involved while, most importantly, meeting the needs of the child.

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