Nassau County Move Away Custody Lawyer
Following a divorce where children are involved, difficult issues can arise, and one of the most difficult is when the custodial parent wants to relocate and take the couple’s child with them. They cannot just decide to move and then carry it out; the court must authorize it. Whether the custodial parent wants to move across the world, across the country or 50 miles away, it will impact the child’s relationship with the noncustodial parent, because the noncustodial parent no longer have day to day interactions with the child. When deciding whether or not to approve the move, the court primarily considers the best interests of the child, but there are other factors. If you are a custodial parent who would like to relocate with your child, or if you are a noncustodial parent facing the specter of your ex-spouse moving away with your child, you may want to consult a good Nassau County move away custody lawyer. Your attorney will look at the specifics of your situation, and can help you address all issues involved including the impending move, child custody, child support and visitation.Examples of Cases Seeking Court Approval to Move Away with a Child
In Nassau County or anywhere in New York, usually the parent who has physical custody is the one who will request a court to approve a move. However, one of the things the court looks at if whether or not the noncustodial parent might be interested in seeking custody. There are any number of reasons why someone might want to move from Nassau County, but one of the most common is financial. The parent has lost a job or perhaps has been offered a wonderful new job elsewhere. Let’s look at a case where the mother of a child was not married to the child’s father (MCK v. Elizabeth A.E., 111 A.D.3d 124 (N.Y. App. Div., 2013). She was from Mississippi, and when she lost her job in New York, she decided it would be best to return to Mississippi to be near family and to get reliable work. Although the father refused to consent to the move, he did not regularly pay child support. In this case, the court found for the mother due to her better financial prospects in Mississippi and the likelihood of a better quality of life for the child. Also considered was the mother’s willingness to allow the father see the child on an easy and flexible basis. When you want to take your child and move away, your Nassau County custody lawyer will have a wide range of factors to put before the court in order to help you win your case.
Pursuing higher education is another reason someone might want to move. All graduate and professional schools are not equal; neither can acceptance to specific schools be guaranteed. Let’s consider a couple who lived in New York, and when they divorced, the mother was awarded custody of their three-year-old daughter. The father was awarded general visitation privileges. The mother was accepted at a graduate program in Texas, but the father opposed the move. The court ultimately approved the move, citing the best interests of the child.Factors considered by the court
Here are some of the factors courts your Nassau County custody attorney will put before the court when you decide to move away if the other parent opposes the move.
- What the child needs (which is more important than parental rights)
- Parental rights
- The effect of the relocation on the bond between the child and the parent who is remaining behind
- Why the parent wants to move
- The adverse impact of denying the petition to move
- Economic factors
- Health factors
- Interest of non-custodial parent in gaining custody
- The practicality of the parties’ changing custody
- Strength of the bond between child and noncustodial parent
- Child’s community bonds and activities
- Good faith or lack of good faith of noncustodial parent
- Possible frequency of visits of noncustodial parent and how that would impact their relationship with the child
- How approving or denying the move would affect child’s quality of life
- Effect of the relocation on the child’s relationship with their extended family
The most important thing a judge will consider when weighing whether or not to approve a relocation with a child is the child’s best interests. This can be a complex area, and it is important that your lawyer makes the best possible case possible to the judge. 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.