Parent and Child Relocation

Custodial Parent & Child Relocation Under New York Divorce Law

If you are a divorced parent who has already undergone a child custody battle, the most difficult steps are usually behind you. However, the matter becomes complicated if the custodial parent intends to relocate to a different city, state, or country. Under the laws of a New York custody arrangement, a custodial parent who decides to move a distance that will interfere with the non-custodial parent’s access to the child may only do so if the court determines the move to be in the child’s best interest. At Miller Zeiderman & Wiederkehr, our dedicated White Plains NY divorce and family law firm is experienced in all aspects of marital law, divorce, and family law proceedings, including parent and child relocation cases.

Relocation & Child Custody in New York State

Divorce matters involving children are particularly difficult to handle without the assistance of a White Plains NY divorce and family law firm that possesses the specific knowledge and understanding necessary to defend your parental rights and obtain your objectives. Whether you are a custodial parent who wishes to relocate or a non-custodial parent seeking to prevent your child’s move, the attorneys from Miller Zeiderman & Wiederkehr are committed to finding the best possible resolution for you and your child. Factors that the court considers in determining whether or not the custodial parent will be permitted to relocate and retain residential custody include:

  • The parental reasons and motivations for seeking or opposing the relocation.
  • The relationship between the child and each parent, with particular emphasis on the non-custodial parent’s relationship.
  • The anticipated impact of the move on the child and on his or her relationship with the non-custodial parent.
  • The degree to which the child’s life will be economically, emotionally, or educationally improved by the custodial parent’s relocation.
  • Feasible visitation arrangements for the non-custodial parent in the event of relocation.

Every child custody and relocation case is unique. Sometimes the court may determine that custody should shift to the non-custodial parent if the custodial parent wishes to relocate. In other cases, relocation requests may be granted even if the move effectively diminishes visitation and access for the non-custodial parent. However, requests for relocation will only be granted if the move significantly enhances the child’s life.

A White Plains Divorce and Family Law Firm Handling Relocation Cases

Oftentimes, relocation cases are very emotional situations that arise suddenly and may require an attorney to act quickly. Ensure your best interests, and those of your children, remain protected by seeking assistance, advice, and representation from an experienced family attorney.

If you are a custodial parent who wishes to move to another city, state, or country, don’t hesitate to obtain the advice of a capable White Plains NY divorce and family law firm. If you are a non-custodial parent faced with an ex-spouse’s plan to relocate with your child, contact an experienced attorney from the law offices of Miller Zeiderman & Wiederkehr as soon as possible. We can also assist in cases of international child abduction and service Westchester County, White Plains, New York City, Manhattan, Putnam County, Orange County, Rockland County, and the Lower Hudson Valley.