New York Child Relocation Lawyer
When you relocate, your child will always change their attitude towards each parent and the extended friends, family, community, and school. Therefore, the New York courts have a careful review of the relocation cases to ensure that the best interests of the child are taken care of. This is why this piece reviews the relocation cases concerning the process used by the New York court cases to allow or deny a parent from relocating with the child. The New York courts review the relevant circumstances, facts, and individual cases with an emphasis that places the child’s best interests at heart.
The Child’s Best Interests
New York courts have stated that each case concerning relocation must be considered individually. This ensures that all the relevant circumstances and facts are taken into consideration to decide the best outcome that can take care of the child’s best interests. While the parent’s rights are to be considered significant, the child’s needs and rights must have the greatest weight.
The relationship between a child and their parents is often different after divorce. The Tropea court also said that it would not be better to consider giving the child to the non-custodial parent because they don’t have the right to be with the child. Sometimes they can have the child to allow the custodial parent to take care of starting a new life alone.
Sometimes the best interests of the child will be to allow visitation and grant the parent relocation practices. This allows the non-custodian parent the best opportunity to maintain a maturing, positive relationship with the child despite the relocation process. A change of custody might also work to preserve the best interests of the child. If the non-custodial parent wants to secure the child, and the child has a strong attachment to the location where the child stays with the non-custodial parent, it will be a better option to transfer the custody to the non-custodial parent. This will be better than forcing the custodial parent to remain.
The best solution might also allow the non-custodial parent to move as well. If the reason for moving or relocating from the custodial parent is valid, the court might also consider the feasibility and possibility of a parallel move by the committed or involved non-custodial parent as a better choice than restricting relocation.
Factors Considered by the Court
Courts deciding relocation cases will consider all the circumstances and facts with each of the independent cases at hand. This includes, but not limited to, the following:
• Each parent’s reasons for opposing or seeking the relocation or move.
• The quality of the attachment or relationship between the child and either of the parents.
• The impact of the move on the quality and quantity of the child’s life if the non-custodial parent is kept away from the child.
• The negative impact of worsened or continued hostility between the two parents in front of the child.
• The impact expected the relocation will cause the child on the extended relationships.
• The impact the move creates on the custodial parent economically, emotionally, and educationally.
If the custodial parent of the child wants to move or relocate or if you have the custody of the child but still wants to relocate, ensure you seek a free consultation session with our experienced New York relocation attorneys who have more than two decades of experience dealing with these cases.