If you are considering relocating with your child in New York State, there are several things you need to know. Here are some of the questions you may have regarding the legal process going forward:
How does New York handle child relocation cases?
If you are a resident of New York state, are divorced, have children, and are planning to leave the state with your child, you must first obtain a court order, especially if you are the custodial parent. If you plan on moving and your former spouse objects, and you decide to move anyway, New York courts may go so far as to limit, or completely diminish your right to child custody. Do not let this happen.
If you plan on moving and believe your spouse will object, the most important thing you can do is retain the services of an experienced attorney who knows the ins and outs of the relocation process. An experienced attorney is capable of collecting and presenting evidence to prove that your move is both necessary and in your child’s best interest, as this is of utmost importance to New York courts.
What will courts consider when determining whether a child’s relocation is truly necessary?
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, in terms of whether the move is absolutely necessary are as follows:
- 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
Contact our experienced New York 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.
