When children are involved in a divorce or separation, complications and disagreements are likely to arise. The repercussions of such conflicts on the child or children can be very upsetting. Custody issues, child support, and visitation of the non-custodial parent are added concerns that need to be taken very seriously.
When a divorce is finalized, or a separation agreement is notarized, the specific conditions revolving around child custody and visitation are deemed to be in the best interest of the child at the time; however, the needs and interests of children and parents can change. If you need to relocate with your child, talk to our divorce attorneys. We can assist clients with relocation petitions, creating new custody/visitation agreements, as well as represent parties who wish to object to another parent's relocation request. Whether you are relocating out of state or across state, our Long Island family law firm can guide you through the process and help ease your transition to the next phase of your life.
In New York, there are laws that govern the relocation of a parent, and these laws exist to ensure that the child’s life is not disrupted in a negative manner. Generally, there are specifications as to where each parent can live in relation to one another, so that they can ensure the agreement for visitation can be fulfilled. Modifications to custody agreements and visitation schedules must be agreed upon by both parties, or by the Court, to accommodate new living arrangements.
It is important to consider the ties that the child has to their current residence such as friends, extended family, and educational opportunities. Grandparents’ rights may also be affected by the relocation of the child with the custodial parent.
When appearing in Court for the Judge to make a determination on the potential relocation, there are several factors that will be taken into consideration before making a decision.
Common points of consideration include, but are not limited to:
If both parents are not able to come to an agreement, the Court will make the final decision regarding relocation. If each parent is willing to compromise and come to an agreement, mediation may be used.
At Hedayati Law Group P.C, our team of knowledgeable and distinguished attorneys can assist you if you are looking to relocate, looking to prevent relocation of the custodial parent of your child, or are looking to modify the terms of an existing divorce or separation agreement.
If you feel that you need a knowledgeable and honest team of Long Island relocation lawyers, then give our friendly team a call and come in for a FREE confidential consultation.