In many instances, the significant life change of divorce is quickly followed by the desire to move to a different city or state. This may be due to a new job, the desire to be close to other family members, for financial reasons or simply to start fresh.
Relocation is challenging when children are involved. Obviously creating large distance between the children and either parent can cause a logistical nightmare involving issues of transportation, cost, loss of access to children and potentially a negative impact on the parent-child relationship. In New York, a parent who wants to relocate with his or her child must notify the other party in writing, stating where he or she plans to relocate, the reason for relocation and a proposed parenting plan relative to the new relocation.
The court considers a number of factors when a custodial parent requests the right to relocate. Besides the child’s best interests and wishes, the court examines the quality of the relationship with the noncustodial parent and how the move will impact the child’s contact with that parent.
If the noncustodial parent is actively involved in the child’s life, the court is less likely to allow relocation of the child. If the noncustodial parent is less involved in the child’s life, the court is more likely to allow the move. Of course, a parent can decide to relinquish primary custody and relocate without the child. It is the relocation of the child that is problematic.
The law firm of Arnel Law Firm in Brooklyn, New York, helps parents present or defend against a request to relocate. We know how to build a compelling case to achieve your objective.
If one parent is a foreign national, a move could mean leaving the country. This obviously makes it more difficult for the noncustodial parent to spend time with his or her child. We know how to work with the local, national and international laws that govern domestic relations to bring your case to a successful resolution. We will protect your relationship with your children!
Our Founding Attorney Has 30 Years Of Experience
Attorney Curt Arnel has more than 30 years of experience entirely focused on family law issues. He has a long record of reaching resolutions through negotiations, but also boasts an equally impressive record of obtaining positive results by going to trial.
In order to determine whether relocation is in the child’s best interest, the court will examine a number of issues, including:
- Reasons for the requested relocation
- Reasons why the other parent objects to the proposed relocation
- History and quality of each parent’s relationship with their child
- Any previous parenting time order and compliance with that order
- Educational and other opportunities for the child at the existing location and the proposed new location
- Presence or absence of extended family both at the existing location and the proposed new location
- Any advantages of remaining with the primary care giver
- Anticipated positive or negative impact the move may have upon the child
- Whether the court will be able to fashion a reasonable parenting time schedule if the requested change is permitted, including allocation of costs related to travel and lodging to visit the children
We Advocate Aggressively For You
Whether you are requesting the right to relocate or seeking to prevent a former spouse from moving away with your child, it is important to put the knowledge of our experienced Brooklyn parental relocation attorneys on your side.