New York Parental Relocation Lawyer

One of the most challenging situations for parents and most common reasons for requests to modify custody orders is when a parents wishes to relocate with the child. Under New York law, generally a parent can’t simply move with the child without getting permission from the other parent and from Family Court. Parental relocation is a serious matter because it impacts the child's relationship with both parents. When a custodial parent wishes to relocate, they must get either the other parent's consent or approval from the court. As with any matter related to child custody, New York courts assess relocation requests based on what is in the best interests of the child, as established in Domestic Relations Law (DRL) § 240(1). If you are facing a potential relocation dispute, having an attorney who understands the complexities of New York’s child custody laws can make a significant difference. Contact the experienced New York parental relocation lawyers at Stephen Bilkis & Associates who can help protect your parental rights and ensure that the court considers all factors in determining what is best for your child.

Impact of Relocation on the Child

In the eyes of the court, the child's well-being is always the main focus when a parent requests relocation. Note that the court cannot prevent a parent from moving. However, a court can prevent a parent from taking the child with them. Courts assess whether the move would enhance or disrupt the child's overall quality of life. This includes considering the child’s relationship with both parents, the distance involved in the move, and how the relocation may affect the non-custodial parent’s ability to maintain a meaningful relationship with the child.

Under DRL § 240(1), courts may modify custody arrangements if the proposed relocation significantly impacts the non-custodial parent’s ability to see the child or if it disrupts the child's stability. The parent requesting the relocation must show that the move is in the child's best interests.

Best Interests of the Child Standard

In all custody matters, including relocation cases, the best interests of the child standard applies. The courts must weigh a number of factors to determine whether a relocation is in the child’s best interests. According to DRL § 240(1), these factors include:

• The child's relationship with both parents: Courts assess the existing relationships between the child and both parents. If the relocation would significantly impair the non-custodial parent's relationship with the child, the court may be less inclined to approve the move.
• The reasons for the relocation: The court looks at the reasons the custodial parent wishes to relocate. This may include a job opportunity, family support, or other personal reasons. The court must decide whether the reasons are valid and if the move would ultimately benefit the child. For example, in H.K. v R.C. 2021 NY Slip Op 21190 the parents lived about 25 miles from each other with the father living in Livingston, New Jersey and the mother living in Manhattan. Because of the impact that COVID had on schools in Manhattan, the mother sought to relocate with the child to Scarsdale. The father objecting, citing the impact that the move would have on his ability to spend time with the child. Understanding the added commute time, the mother offered to be responsible for driving the child to spend time with the father. Still he objected. The court found in favor of the mother, permitting the move. The court noted that the reason for the mother’s move was to benefit the daughter educationally and socially, while the reason the father objected was largely due to him being inconvenienced. It concluded that permitting the move was in the best interests of the child.
• The impact on the child’s quality of life: The court considers whether the move would improve or harm the child’s quality of life, including educational, social, and emotional factors. In such cases, consulting with an experienced New York parental relocation lawyer is important to help present a clear case that addresses these factors and protects your child's best interests.
• Visitation with the non-custodial parent: The court examines how the move would affect the non-custodial parent’s ability to maintain regular contact with the child. If the relocation significantly disrupts visitation, the court may not approve it. As demonstrated in H.K. v R.C. 2021 NY Slip Op 21190, a mere inconvenience to a parent will not be enough to disallow a parent to relocate with the child. The disruption to visitation would have to be significant for it to outweigh benefits to the child.
• Alternative visitation arrangements: The custodial parent may need to propose new visitation plans, such as extended holiday or summer visits, to make up for the reduced time the non-custodial parent would have with the child after the relocation. If you're involved in a relocation case, consulting with an experienced New York parental relocation lawyer can help you develop a visitation plan that is fair and addresses the court’s concerns.
• Financial and logistical factors: The financial and logistical aspects of relocation are also considered. The court may look at whether the non-custodial parent can afford to travel to visit the child or whether the custodial parent can facilitate visitation.
• The child’s preferences: The child’s preferences: If the child is mature enough, the court may consider their wishes regarding the relocation, as noted in DRL § 240(1)(b). While the court assesses this on a case-by-case basis, it is more likely to consider the child’s preferences once they are around 12 years old. However, the court is not obligated to follow the child’s wishes and will weigh them against other factors when making a decision. For example, in Holtz v. Weaver, 94 A.D.3d 1557 (N.Y. App. Div. 2012), the mother wished to relocate with the child from New York to Florida. The father objected. Even though the child expressed a desire to move to Florida, the court determined that doing so would be detrimental the child’s relationship with the father.

It's important to understand that in determining whether to grant a petition for relocation, the court will consider a number of factors and no one factor is necessarily dispositive. The court stressed this in Mason v. Mason, 2023 N.Y. Slip Op. 4018 where both parents sought to relocate with their children outside of New York. While the Family Court initially denied the mother’s petition to relocate to North Carolina, the appellate division reversed the decision and remanded the case back to the lower court to make a determination as to the benefits to the children of relocating the North Carolina. The Appellate Division also noted that the lower court failed to consider factors like the impact on the children's contact with the father who had moved to Georgia. In other words, the court wanted to make sure that all factors were considered in making a determination of what would be in the best interests of the children.

Consent of the Other Parent

If the non-custodial parent agrees to the relocation, the process is much simpler. The custodial parent can relocate with the child once both parties agree to modify the existing custody and visitation arrangements. This agreement should be in writing and submitted to the court for approval, making it legally binding.

However, if the non-custodial parent opposes the relocation, the custodial parent must file a petition with the court to obtain permission to relocate. This petition will lead to a hearing where both parents can present their cases. The court will then make its decision based on the best interests of the child. Since this can be a complex process, consulting with an experienced parental relocation attorney in New York is essential to ensure that your rights are protected and your case is effectively presented.

Legal Process for Seeking Relocation

When a custodial parent wishes to relocate and the other parent does not consent, a court hearing is necessary. The parent seeking relocation must file a petition with the Family Court, as outlined in DRL § 240(1). During the hearing, both parents present evidence supporting their positions.

The court will evaluate the reasons for the relocation, the impact on the child, and the relationship between the child and both parents. The custodial parent has the burden of proving that the move is in the best interests of the child. The non-custodial parent has the opportunity to argue that the relocation would negatively affect the child's welfare.

If the court approves the relocation, a modified custody and visitation order will be issued. This order will outline the new arrangements for custody and visitation, including any alternative visitation schedules.

If a parent violates the terms of the court order, the other parent may file a petition for enforcement. For example, if the custodial parent relocates without permission or fails to comply with the visitation arrangements, the non-custodial parent can ask the court to intervene. The court may impose sanctions on the parent who violates the order or modify the custody arrangement.

Relocating without permission may negatively affect the custodial parent’s future legal standing in custody and visitation matters. Courts take violations of custody orders seriously and may impose penalties, including fines or changes in custody. Since relocation cases involve complex legal considerations, it is important to consult with an experienced parental relocation attorney in New York to navigate the process and ensure compliance with the law.

Contact Stephen Bilkis & Associates

Parental relocation cases in New York require careful consideration of multiple factors, all centered around the best interests of the child. Courts will weigh the potential benefits and drawbacks of the move, as well as the impact on the child’s relationship with both parents. Whether you are seeking relocation or opposing it, understanding the legal standards under DRL § 240(1) and other relevant statutes is critical to protecting your rights. Consulting with a parental relocation attorney serving New York can help you navigate the complexities of relocation cases. Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We represent clients in Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.

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