Suffolk County Relocation Attorneys
The Best Interest of the Child
After a divorce decree has been established, the situation regarding custody may not be entirely complete, however. After a family court custody proceeding or a divorce proceeding, there are specific guidelines governing when and if the custodial parent shall be permitted to move from the vicinity of the residence of the non-custodial parent.
Only a court can give the necessary permission for a parent to relocate with children, under these circumstances, absent a written, signed agreement between the parties. In New York, the state's highest court, the Court of Appeals, has determined that the judge's decision will be based on the best interest of the child, taking into account all relevant factors and circumstances.
The rights of each parent are also significant factors that need to be considered. The court will take into consideration many factors, including:
- Each parent's reasons for seeking or being opposed to the move
- Quality of the relationship between the child and each parent
- Impact of the move on the quality of the child's future
- Impact of the move on the relationship with the non-custodial parent
- Impact of the move on the relationship with extended family members
- Economic, emotional, and educational enhancements created by the move
- Negative impact from hostility between the parents
If the court determines that the proposed move would both improve the parent's quality of life and maximize the child's prospect of a healthy and happy future, it may be approved. However, this analysis is always balanced with the needs of the non-custodial parent and his or her relationship with the children.
The court will factor in the good faith of each parent in regard to their request and opposition, as well as the child's attachment to each of the parties. There are many factors that are taken into consideration, but the overriding factor is the best interests of the child or children.
Benefits of Experienced Legal Assistance
If you are facing a post-divorce situation involving a relocation issue, whether you are requesting the relocation or in opposition to the request, our firm can help. If you and your ex-spouse are at opposite ends over this issue, whether you are the non-custodial or custodial party, it is important not to take action into your own hands.
If you choose to move without permission from the court, which is considered a violation of a court order, your ex-spouse can take legal action against you and can have the court order the children returned to New York and/or make a claim for a change of custody. These consequences can be very serious.
At Lynn Poster-Zimmerman, PC, our team understands the circumstances you may be facing and how to navigate through the legal system to protect your rights. There is significant value in having a skilled and knowledgeable attorney during this time. Whether the reason for seeking relocation is for a job opportunity, a promotion, for age or health issues, for educational opportunities, to avoid foreclosure, or to chase the dream, it is essential to obtain legal assistance before any action is taken.
For more information, contact our office today!