Whether the choice to dissolve your marriage was yours, your spouse’s, or a joint decision, you both probably want to get some much-needed space between the two of you. This is natural, understandable, and even occurs during the most amicable of uncontested divorces. People just want to have that buffer zone to think and set their lives on track again.
There is just one problem, though. If you are the parent who will be moving out of your current residence and finding a new place, will you be able to take your children with you?
Understanding Relocation Law in New York
As with any aspect of a divorce, courts and judges are meant to come to any decisions regarding a child by considering what is in that child’s best interests. If moving to another state or even another place in New York City is going to be particularly disruptive to your child’s wellbeing, you might not win the rights to relocate with them. Instead, it would go to whatever parent is staying put.
You will need to create a solid case as to why your child should stay with you. Do you understand their needs better than your ex-spouse? Will relocation actually bring your child to a safer neighborhood or better living situation? Are you in a stronger financial situation, allowing you and your child to adapt to unexpected life changes more comfortably?
Weighing your options and crafting a reasonable argument can be difficult if you do not fully understand the legal statutes that surround relocation. Before you take your matters to family law court, you should seriously consider working with a Long Island divorce attorney from our compassionate and knowledgeable team here at Hedayati Law Group P.C. We can read into your situation, review the needs of both spouses and your children, and help you come up with a solution that works best for everyone without setting aside your needs.