As a result of the Coronavirus, many unprecedented decisions have been made in the state of New York. As the state became the epicenter of the virus, many people have considered ways they can protect themselves and their children. For some people, this included relocating to another state. However, those who went through a divorce and co-parent with their former spouse may not be able to do so. In these situations, parents must keep the state’s relocation laws in mind. Continue reading below to learn more and retain the services of an experienced New York family law attorney for assistance relocating with your child.
What are New York’s Relocation Laws?
The state of New York requires a parent to have permission of either the other parent or the court to relocate out of the state with their child. If the other parent resists the move, they cannot simply leave with the child anyway. Instead, they need to obtain a court order. In the event that a parent disobeys this law and tries to move anyway, it can harm their right to custody. When a case is presented to the court, the judge will consider a variety of factors to determine if it is in the child’s best interest to move. This can include:
- If the parent is moving to live with a new spouse
- If the parent is pursuing higher education or a new job
- If the parents is moving to significantly improve the quality of their family’s life
- If the parent is moving to keep the child or family safe
- If the parent or child is in need dire medical treatment
- If the parent wishes to move closer to their extended family
In addition to this, the court may consider the following additional factors:
- If the child has a preference, if he or she is mature enough to make that decision
- The reasoning for the move, or the former spouse’s reasoning for opposing the move
- Whether the former spouse is capable of relocating as well
- The opportunities available for the child in the new location
- How the move will overall affect the quality of the child’s life
Contact our Firm
Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.