Bronx Child Relocation Lawyer

Child custody and visitation are among the most sensitive issues in many divorces. When people have children, they must continue to interact, and how often and when the non-custodial parent may visit can be highly charged. But life goes on after a divorce, and as time goes by, sometimes a custodial parent would like to move out of the area. Understandably, this is often opposed by the non-custodial parent, because relocating the child often severely impacts the amount of time parent and child can spend together. This is why a custodial parent must get permission from the court before taking the child and relocating. If you are a custodial parent who would like to move out of the immediate area or a non-custodial parent who opposes such a move, it is imperative that you consult with a Bronx child relocation lawyer. Your attorney can make sure the judge considers all aspects of the move, because once a judge issues an order, it is may be difficult to impossible to revisit it. Your attorney can explain your options, negotiate with the other party’s attorney and represent your best interests in court if necessary. Just because the custodial parent presents a good reason to move does not necessarily mean the judge will permit the move if the best interests of the child are at variance.

How a Court Will Decide Whether to Grant Child Relocation Approval

When a child relocation request is opposed by the other parent, a judge will look at many factors in order to make a decision. But the primary consideration is whether or not the move is in the best interests of the child. The Bronx court will want the child to maintain a good relationship with both parents, so it will not give permission to move lightly. However, if the custodial parent’s lawyer can strongly demonstrate that the child would have a better quality of life in the new location, the judge will weigh that heavily. This could be because the custodial parent has vastly better job opportunities with better income in the new place, there are unique educational opportunities, the child has a strong, ongoing relationship with extended family in the new location and other reasons. In the reverse, the Court will also look at what the child leaves behind in the Bronx such as the probability of spending more time with the noncustodial parent, friends, family, school, community and scheduled activities. If a child has very strong ties to the current community, a court may even inquire if the noncustodial parent is interested in taking custody.

A judge will look very closely at why a custodial parent would like to move. If the custodial parent decides to move just because they like the scenery in another part of the country, for example, permission is likely to be denied. However, if the custodial parent has a job offer for a much better paying job or is accepted into an educational program they need to complete to work in their desired field, these are good reasons, though not the only ones, to seek permission to relocate with the child. Your Bronx family lawyer with child relocation experience can explain the factors a judge is likely to seriously consider.

If the move is unlikely to interrupt the noncustodial parent’s current visitation schedule, the court may be inclined to grant relocation permission. For example, a custodial parent may want to move from the Bronx to Connecticut or New Jersey. This is more likely to be granted than a move to California. The time the noncustodial parent currently spends with the child and the interest the parent expresses in the child will be examined closely. If the noncustodial parent only sees the child once a month, the child relocation is more likely to be granted than if the noncustodial parent currently sees the child a couple times a week. Another reason to move that a judge will consider seriously is the desire to be closer to better medical treatment for a condition of the child or the custodial parent. Motivation of both parents can be a deciding factor. For example, a judge will not look kindly on a noncustodial parent who is only opposing the move out of spite rather than a real concern for their continuing relationship with the child

Bronx Child Relocation Lawyer

Child relocation is an area where it is critical that you address all concerns a judge may have. The judge must weigh many factors, and it up to your Bronx attorney to present child relocation arguments that strongly bolster your case. Your lawyer can also advise you of actions you must take to help your chances. The attorneys at Stephen Bilkis and Associates have years of experience successfully representing clients who have custody disputes, as well as those who need representation in divorce, child support or spousal support matters. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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