Can Custodial Parents Relocate In New York?
New York family courts have been conservative in rulings relating to parental relocation. The court is required to be more concerned about the well-being of the children than in whether a move may be beneficial to the relocating parent.
Attorney Andrew A. Bokser represents parents who wish to relocate as well as parents whose visitation rights would be affected by a move and oppose it. With offices in Brooklyn and Garden City, he represents clients in parental relocation cases throughout the New York City area, including Nassau and Suffolk counties.
What Facts Will The Court Consider In A Relocation Case?
In deciding whether to allow a parent with residential custody to remove a child from New York, the court will consider the relationship the child has with the noncustodial parent. If the noncustodial parent is actively involved in the child’s life, the court is less likely to allow removal of the child. On the other hand, if the noncustodial parent skips visits and is not involved in the child’s life, the court is more likely to allow the move.
If relocation is allowed, the court may reduce child support payments to make up for the cost of transportation for child visits. The court may also change the visitation schedule from alternate weekends to longer visits during school breaks and the summer.
What If A Parent Relocates With A Child Without Court Approval?
If the other parent (or in some cases guardian) removes a child from New York without permission from the court, the court can order a change in child custody or employ other remedies.
In most cases, New York courts will have authority during the first six months following a child’s relocation. After six months, the case will need to be litigated in the child’s new home state.
Discuss Your Relocation Concerns Today
To discuss the facts of your child relocation case with lawyer Andrew A. Bokser at our Brooklyn or Garden City law office, call or fill out our contact form. Evening appointments are available.