Child & Parental Relocation in New York
Protect Your Rights by Calling Riebling, Proto & Sachs
Since we live in a mobile society child relocation cases are becoming more
prominent. A parent may need to relocate from New York for a variety of
reasons including career opportunities, military assignment, family support
systems or to avoid conflict with the other parent.
If the hassle of moving is not enough on its own, parents seeking relocation
face many legal challenges and have to seek permission of the other parent
or the New York Family Court prior to any relocation. Even if there are
no court orders in place parents run a substantial risk of relocating
without permission and could be forced to return to New York with the child.
New York State Relocation Laws
In New York State the Supreme Court or Family Court will consider a number
of factors regarding a relocation petition. These factors include the
- The custodial parent’s reason for the move and the non-custodial
parent’s reason opposing the move;
- The type of relationship the children have with each parent;
- The impact of the move on the quality and quantity of the children’s
contact with the non-custodial parent;
- Any effect on the children’s extended family relationships;
- The degree that the custodial parents and children’s lifestyle will
- The ability for the non-custodial parent to maintain a meaningful relationship
with the children.
The leading case in New York State dealing with custodial parent relocation
is Tropea v. Tropea, the highest court in New York State found that judge’s
must consider all relevant facts and circumstances to decide what outcome
would be in the children’s best interest including the above factors.
Requesting Relocation in New York Courts
In order to request relocation the proper documentation must be submitted
to the Court. This initial documentation is extremely important as it
will serve as the basis for relocation during the entire case. At Riebling,
Proto & Sachs our experienced divorce attorneys will explain your
rights and prepare you for this type of litigation. Importantly, we will
make sure the correct documents are filed with the Court and your best
arguments for relocation are presented to the judge.
Picking the Right Divorce Lawyer is the First Step
Contact our office today to schedule a free consultation with our experienced
relocation family law lawyers. We provide compassionate and result driven
family law advocacy in relocation situations, whether out of the country
or out of town.
Westchester County divorce attorneys have experience handling relocation cases in the courts throughout Westchester
County, Rockland County, Dutchess County, Putnam County, Orange County,
Bronx County and throughout the greater NYC metro area.
Schedule Your Free Initial Consultation
If you are seeking relocation with a child, or if your child's other
parent will or has relocated without your consent, we are here to protect
your rights and the rights of your family.
Contacts us online or by telephone at (845) 840-5104 to speak with an experienced
White Plains Family Law attorney.