When the parents of a child are separated or divorced, and one parent expresses the need to move, the New York Family courts can address the impact of relocation on any Custody / Visitation agreement that may be in place. A Manhattan Relocation Lawyer will be aware that it’s clear what guidelines will control in such cases: the best interest of the child. Family Courts from Manhattan to Suffolk County will examine a number of factors to determine what the best interests of a child may be in the context of relocation. Speak with a Manhattan Relocation Lawyer in the offices of Stephen Bilkis & Associates, PLLC, which are found throughout New York City and in its suburbs, including Westchester County, for free advice on how to work through the legal issue of Relocation to reach an outcome that’s best for your family.
A Manhattan Family Lawyer on our team knows that any relocation case is fact sensitive—meaning that the court must consider the unique facts and merits of each case. Whether you’re in Brooklyn, Queens, or Nassau County, the courts will consider a variety of factors to assess the impact of relocation on a child, including:
- Good faith: Is the parent who requests or opposes the move acting in good faith?
- Attachment: What is the child’s attachment to his/her custodial parent? To the non-custodial parent?
- Visitation: Can a visitation schedule be devised that allows the child’s non-custodial parent to continue a meaningful relationship with their child?
- Quality of life: What quality of life will the child have should the proposed move be permitted, or if it’s denied?
- Negative impact: Is there the possibility of any negative impact resulting from ongoing or exacerbated hostility between the child’s custodial parent and non-custodial parent?
- Other family relationships: What effect might relocation have on relationships within the extended family, if any?
- Economic necessity: Is there a clear economic need for relocating?
- Economic opportunity: What is the nature of the custodial parent’s opportunity to improve their economic situation?
- Health concerns: Is the move related to any specific health-related concerns?
- Remarriage: Are there any demands on the family resulting from a parent’s second marriage?
As your Manhattan Relocation Lawyer is aware, the decisions in New York state in recent years, including in New York City and the surrounding area, do not provide clear guidance for a parent wishing to relocate. To assess what situation may be in the best interest of the child, the Court will consider that child’s emotional needs, social and moral needs, as well as its material and educational needs. A Manhattan Family Lawyer will let you know that a relocation application might lead to a change in Custody situation: The court may require a home study, an evaluation from a mental health professional, and possibly the appointment of a Law guardian for the child.
When you speak with a Manhattan Relocation Lawyer at Stephen BiIkis & Associates, we’ll tell you that the custodial parent’s rights and the rights of the non-custodial parents will unquestionably be significant factors in your case. However, the child’s rights and needs will be granted the greatest weight. Family Courts from Queens to the Bronx recognize that the child is innocent, at the mercy of the parents’ decisions to divorce and their desire to relocate—and that that child is the most vulnerable to the stress brought on by a shifting family situation. For issues of relocation as well as other Custody questions, call us today at 800.696.9529. A Manhattan Family Lawyer can meet with you and successfully work toward resolution of your Family Law matter, from Relocation to Guardianship and Visitation. Meet with us in whichever of our offices is nearest you, in each borough of New York, including Staten Island, or on Long Island or in Westchester County.