Nassau County Child Relocation Lawyer

Once people divorce, their lives don’t stop just because they share children, and sometimes changing circumstances dictate that a custodial parent would like to move out of the area. This can be a great shock to the other parent, and even the friendliest of ex-spouses can soon find themselves in a bitter struggle. When a parent moves with a child, the result is that the noncustodial parent sees much less of the child; it can impact the parent/child relationship for the rest of their lives. Of course, a move also changes everything else in a child’s life, including schools, sports team and club participation, ongoing extracurricular lessons, friendships, and relationships with nearby relatives. If you are considering moving with your child or if you think your ex-spouse wants to move with your child, you should not waste any time consulting a Nassau County child relocation lawyer. A court has many factors to consider to determine what is in the best interests of the child. Your attorney can advise you of your rights, and, should you to decide to oppose the move, the best way to prepare your case including related issues such as child custody and child support.

A Court Must Approve a Custodial Parent Relocating with a Child

Usually the custodial parent is the one who desires the child relocation. Parents may want to move out of Nassau County or the state for any number of reasons such as taking a new job, to be closer to their family, to go to a university which has accepted them or to remarry. But whatever the reason, in order to relocate with the child, the parent must bring the matter to court for approval.

Factors a Court Will Consider Before Ruling on Relocation

A court will try to look at the whole situation with the help of your attorney and that of the other party. Factors they will consider include

  • The best interests of the child, the most important factor
  • Parental rights
  • Effect of the child relocation on the relationship between the child and the noncustodial parent
  • Why the parent wants to relocate out of Nassau County or the state
  • Possible harm if the court refuses to approve the move
  • Economic impact of the move
  • Any medical reasons the parent may advance for requesting the move
  • Possibility that the noncustodial parent may want a change in custody
  • The practicality of a change in custody
  • The strength of the relationship between the child and the noncustodial parent
  • The strength of the relationship between the child and the community
  • What is motivating the noncustodial parent’s opposition to the move; whether they are acting in good faith or have some other motive
  • Whether the move would allow the child and the noncustodial parent to maintain a relationship through regular visits
  • How the relocation would affect the child’s quality of life
  • How the relocation would affect the relationships the child has with extended family

If a noncustodial parent opposes the move, the court will consider that opposition very seriously. However, their opposition alone is not enough to stop the move. Consider the case of MCK v. Elizabeth A.E., 111 A.D.3d 124 (N.Y. App. Div., 2013). In that case, the mother and father of the child had never been married, and the mother’s lawyer petitioned the court to allow her to move from New York to Mississippi with the parties’ minor child. The mother lost her job in New York and was having difficulty paying bills. The father, meanwhile, did not pay child support regularly. Because of her financial situation, the mother wanted to return to Mississippi where her extended family lived and where she could easily obtain work. Even though the father opposed the relocation, the court approved it. The court’s ruling was based on the child’s improved quality of life and the likely improvement in financial circumstances. Also, the mother was willing to give the father a great deal of access to the child.

Nassau County Child Relocation Lawyer

Child relocation cases can be very emotional for the parties, and they can also be complex due to the variety of factors your attorney must put before the court. A court will look out for the best interest of the child but also wants to see the child continue a good relationship with each parent. Because of the complexity of child relocation cases, it is important that you are represented by an attorney with experience. 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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