Divorce is a complicated matter. Unfortunately, it can have a deep impact on the family. Child custody and parenting arrangements are complex and emotional. When a court decides on residential custody and legal custody, the matter can be overwhelming, especially for the noncustodial parent. The thought of not seeing your child every day can be too much to bear. For the non-custodial parent, the idea of a child moving far enough away not to see them for weeks or months at a time can be terrifying.
When a custodial parent wants to relocate with his or her child, it is no simple matter. Courts will rule in the best interest of the child. According to the court, both parents should have ongoing access to the child unless either poses a danger. Even though one parent has residential custody, both should see their child often and make the important decisions that impact his or her life. In some cases, a custodial parent may be denied the request to relocate because it would not be in the child’s best interests to move. In other situations, the request for relocation can convince the court that a move would best suit the child. These cases are fact-sensitive and are often decided at the discretion of the judge. Whether you are the custodial parent requesting the move or the noncustodial parent who opposes it, it is important to have quality legal support ready to fight for your interests. For a consultation, contact Zimmet Law Group, P.C.
There are many factors that impact a court’s decision when deciding to grant or deny a request for relocation. The focus of New York courts will always be the “best interest” principle, meaning that first and foremost, the court will act in the best interest of the child. Because parents should have consistent and continued access to their child, it is quite hard to convince the court to grant a request for relocation. The evidence to support a move must be overwhelmingly convincing. Some of the many factors a court will consider include:
Zimmet Law Group, P.C. is honored to be a legal resource to the people of New York City. Relocation is a tough situation for both parents. Our firm understands that each parent has rights that need protecting. Our firm knows what is at stake and will work tirelessly for your interests. If you need to request relocation or need to oppose it, Zimmet Law Group, P.C. is ready. Contact our firm to discuss your legal matter and get the representation you deserve.
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