NY Relocation Lawyer
If you and your spouse have had a divorce or are separated and you are contemplating a move or relocation, you may not be aware that the New York Family Court will need to address any potential impact this will have on your Child Custody or Child Visitation agreement. A NY Relocation Lawyer can discuss what the courts will be looking for, and how a move will impact your child. At Stephen Bilkis & Associates, PLLC, we can lend free advice and guidance and walk you through the legal issues involved. We have offices throughout New York City, including Nassau County and Suffolk County.
A NY Family Lawyer or NY Divorce Lawyer will explain to you that a potential relocation can be a complicated and emotional matter. The court will be looking at your specific circumstances and examining the following issues:
Parent/Child Attachment: What is the child’s relationship with the custodial and non-custodial parent? How will the move impact these relationships?
Family Relationships: Will the move damage any family relationships that child has?
Economic Considerations: Will the move improve the financial status of the custodial parent?
Financial Necessity: Is it imperative that the parent move for economic reasons?
Health Issues: Are there any health considerations related to the move?
Remarriage Issues: Are there negative or new demands on the family as a result of a remarriage?
Visitation: Will the non-custodial parent be able to maintain a relationship with the child?
Negative Consequences: Are there any negative consequences that could arise from the move (ongoing fighting between the parents, for instance);
Honesty: Are the parents acting honestly regarding this move?
Child’s Interest: Will the child’s quality of life be improved, or made worse by permitting the move?
Your NY Relocation Lawyer will explain to you that the law in New York has not provided clear guidelines in governing these types of cases. The court will be looking at numerous factors in making their determination, the most important of which is the needs and happiness of the child. This could include emotional and physical needs, education, and the child’s social requirements (such as having family nearby). Be aware that it is possible upon applying for relocation the case could shift into a Change of Custody. If this is the case, the court could require psychological assessments, a home study education program, and possibly a court-appointed guardian. Because this is a complicated matter, it is very important that you contact a NY Relocation Lawyer to ensure a positive outcome for your case. We have offices throughout New York, from Manhattan to Long Island and can offer you a free consultation.
It is important to understand that the respective rights of each parent will be of concern in the case. However, the Judge will look to the welfare of the child over and above any impact the final decision will have on the parents. A child is vulnerable to the relocation decisions of their parents, and can create significant stress. Call Stephen Bilkis & Associates, PLLC to obtain the best possible outcome for all parties involved. We have an office near you, whether you live in Queens or Staten Island. We handle all types of Family Law cases, including Guardianship cases and Child Support too. Call us today for your free case evaluation at 1.800.NY.NY.LAW (1.800.696.9529).