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Child & Parental Relocation in New York

Protect Your Rights by Calling Proto, Sachs & Brown, LLP

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 following:

  • 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 be enhanced;
  • 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 Proto, Sachs & Brown, LLP 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.

Our 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 (914) 840-5104 to speak with an experienced White Plains Family Law attorney.

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