In New York, judges generally believe that a child benefits from having a relationship with both parents. As a result, it may not be easy to move out of state with your child, if that means moving them from their other parent. Sometimes, parents can settle relocation problems on their own. However, there are many cases in which they need the assistance of a judge. In doing so, the parent who wishes to move is required to prove to the court that relocating would be in the best interest of the child, despite moving away from their other parent. This can be difficult to do, so it is best to enlist the help of an experienced family law attorney. Read on to learn more about New York’s relocation laws.
How is Custody Determined?
When making a decision about custody, the court will examine many different factors. Some of these factors include:
- Each party’s ability to provide for the child
- Each party’s relationship with the child
- Each party’s history of domestic violence and abuse
- Each party’s mental and physical health
- Any history of alcohol and drug abuse
- Each party’s work schedule and lifestyle
- The health and age of the child
- The child’s preference
New York’s Relocation Guidelines
When making a decision about relocation, the court is working to do what is in the child’s best interest. In order to decide what is best for the child, the judge will consider a variety of factors. This can include but is not limited to:
- The relationship between the non-custodial parent and the child
- The child’s relationship with their extended family
- The child’s academic and social life
- The child’s quality of life
- The reason for relocating
- Why the non-custodial parent opposes the move
- How the move may impact the custodial parent’s quality of life
If you have any questions or concerns about relocating with your child after a New York divorce, contact our firm today. We are here to advocate for you and walk you through the process each step of the way. Do not hesitate to reach out and discuss your options.
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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.