Brooklyn Parental Relocation Attorneys
Representing Clients Throughout New York City
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 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.
Arnel Law Firm helps parents present or defend against a request to relocate. Our parental relocation attorneys in Brooklyn know how to build a compelling case to achieve your goals.
Discuss your situation with us during a free consultation – just call 718-550-3024.
How to Request Relocation in New York
In New York, a parent who wants to relocate with his or her child must notify the other parent 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 several factors when a custodial parent requests the right to relocate. Their highest priority is protecting the child’s best interests.
To determine whether relocation is in the child's best interest, the court will consider:
- Reasons for the requested relocation
- Reasons why the other parent objects to the proposed relocation
- The 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 caregiver
- The anticipated positive or negative impact the move may have on 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
How to Win a Relocation Custody Case in NY
There are several determining factors that the judge will look at when choosing whether or not he or she deems relocation in the child's best interests, most importantly, the relationship between the chil;d and the noncustodial parent. If the noncustodial parent is actively involved in the child's life, the court is less likely to allow relocation. If the noncustodial parent is particularly uninvolved 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.
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. At Arnel Law Firm, 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 are determined to protect your relationship with your children.
Over 40 Years of Experience
Attorneys Curt Arnel and Lauren Arnel have more than 40 years of combined experience entirely focused on family law issues. Our firm has a long record of reaching resolutions through negotiations, but also boasts an equally impressive record of obtaining positive results by going to trial.
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. We also serve clients in Manhattan and Queens.
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Safeguarding your best interests is always at the forefront of our approach to your case.
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No matter how simple or complex your case, experience is essential in obtaining results.