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Child Relocation

Child RelocationChild Relocation from New York State

A custodial parent’s desire to relocate with minor children to a distant location or out of the state, happens more frequently now than ever. Although such moves are a part of life, the non-custodial parent frequently presents a challenge.

Often Heartbreaking

It is obvious that the dilemma caused by these circumstances may lead to heartbreak for all involved. So the decisions are heavy and made only after much deliberation. If you are planning to relocate or are facing the prospect of your children being moved out of state or a distance away, get legal help right away. From many years experience, family law attorney Ingrid Gherman law attorney has gained important insights of how to handle cases in which children are being relocated. She has also a deep appreciation of the legal complexities that can be faces as well as the calm sensitivity needed. To discuss your case with Ingrid, you can set up a consultation by calling her law office at (212) 941-0767. You can also send the on-line form provided.

How the Courts Make Determinations

In cases where the custodial parent's wish to relocate with children is in conflict with the non-custodial parent’s desire to increase his or her parenting access, the Court takes into consideration the children’s needs as well as the right of the non-custodial parent to continue to have frequent and meaningful contact with his or her children. Each case involving the move of children is considered by the court by reviewing all the relevant facts and circumstances before making a determination which serves the children’s best interests, which must be given the greatest weight. In some cases, the children’s best interests are served if the court awards the non-custodial parent visitation that maximizes his or her continued close relationship with the children while at the same time, permitting the custodial parent to move forward with his or her life.

Relevant Factors Considered by the Court

The Court must consider all of the relevant factors when deciding on a case where a custodial parent is moving a child or children. For example, each parent's reasons for requesting or opposing the move; the quality of the relationship and close bond between the child and the parents; the impact of the relocation on the frequency and quality of the child's future contact with the non-custodial parent; the degree to which the custodial parent's life and that of the child's may be enhanced economically, emotionally and educationally by the move; the realistic ways to preserve the relationship between the non-custodial parent and child visitation arrangements. Economic and health reasons justify permission to relocate. A new marriage of the custodial parent or opportunity to improve his or her economic situation is also a valid reason for permitting the move so long as it is beneficial to the child. The custodial parent’s remarriage or wish for a ''fresh start'' can justify it because strengthening and stabilizing the new, post-divorce family unit can be of great value to the children.

Even when moving a child leaves the non-custodial parent without frequent and close parenting access, the court may still grant permission to the custodial parent to relocate by considering the effect of the limited parenting access that will result, against such factors as the custodial parent's reasons for the move and the benefits children may enjoy or the negative consequences if it is not permitted. In general the court considers a range of factors and issue in order to arrive at a decision that will minimize the parents' discomfort and maximize the child's prospects of a stable, comfortable and happy life.

Family Lawyer with Case Experience

Matrimonial attorney Ingrid Gherman has handled numerous cases involving child relocation representing at various times both the custodial and non-custodial parent. The wide-ranging experience with the issue has enabled her to gain a unique understanding of the problem from both standpoints. Ingrid is an exceptionally effective counsel on this issue. If you have questions pertaining to your case and want to schedule a consultation, contact Ingrid Gherman at (212) 941-0767 or send the on-line form.

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