Relocation After a New York Divorce | What You Need to Know
New York courts generally believe that a child benefits from having a relationship with both parents. As a result, a judge may be hesitant to allow a parent to move a child out of state, and away from the other parent. In New York, judges make decisions based on what is in the child’s best interest. In order to obtain approval to move your child out of state, you will have to prove that relocation is in your child’s best interest. Read on to learn more about the process.
What Does a NY Court Consider When Making a Decision About Relocation?
Courts will consider several factors, though the most important thing is that the relocation is ultimately in your child’s best interests. Some of the factors that the court will consider are as follows:
- Your custody arrangement
- Whether the move is necessary
- Whether you are moving to live with a new spouse
- Whether you are now pursuing higher education or a new job
- Whether you are moving to significantly improve the quality of your family’s life
- Whether you are moving to keep your child or family safe
- Whether you need dire medical treatment
- Whether you wish to move closer to your extended family
In terms of your child’s best interest, the court will additionally consider the following factors
- Whether your child has a preference, if he or she is mature enough to make that decision
- Your reasoning for the move, or your former spouse’s reasoning for opposing the move
- Whether your former spouse is capable of relocating as well
- The opportunities available for your child in the new location
- How the move will overall affect the quality of your child’s life
It is important to note that while you must provide proof that the move is in your child’s best interest, your ex-spouse can present evidence that the move is not in your child’s best interest. If you are looking to move out of state with your child, you will need the help of an experienced family law attorney.
Contact our firm to speak with an experienced and dedicated family law attorney.
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.