Relocating With a Child After a Divorce in New York

Relocating With a Child After a Divorce in New York

In the months or years after a divorce, change is expected. People get new jobs, enter new relationships, and more. However, if you are the custodial parent and plan on relocating with your child, you will find that the process is not so simple as picking up and leaving. Relocation can be both emotionally and legally stressful, which is why our firm has been helping parents fight for their rights for years. Please read on and reach out to our compassionate Nassau County firm to learn more about how we can help you through the relocation process. Here are some of the questions you may have:

How do Nassau County courts determine whether a custodial parent can relocate with their child?

Divorced parents in Nassau County who wish to relocate will either need the noncustodial spouse’s permission or court approval to move. In many cases, the noncustodial spouse will oppose such a move, as it will inhibit his or her parenting time, or at least make it more difficult to see his or her child.

While it may be tempting to simply move away without your former spouse’s consent, doing so will almost always negatively impact your child custody terms. It is always best to act within the law. That is why it is always best to have an experienced attorney on your side who knows how to gather and present evidence proving that your move is both absolutely necessary and in the best interests of your child.

What aspects of the move do Nassau County courts consider before making a decision?

As stated above, your child’s best interests are of the utmost importance to New York courts, so they will want to ensure that your move is both necessary and well-intentioned. Some reasons for relocating with a child that Nassau County courts have recognized in the past include moving in with a new spouse, moving because you or your child need specialized medical treatment, pursuing a higher education or career that will benefit your family’s financial situation, or moving to put your child in a safer environment.

In regards to your child’s best interests, courts will analyze several additional factors, including your spouse’s reasoning for opposing the move, whether the move will improve your child’s social, economic, or educational opportunities, and whether your child has a preference, as long as he or she is of age and maturity to do so.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation and all other matrimonial and family law matters. Call today to schedule your complimentary case analysis: (516) 938-3330.

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