Commack Parental Relocation Lawyer
Perhaps the most emotionally complex issues in any divorce are child custody and visitation arrangements. Even when both parents are largely on the same page when it comes to their children, there can still be inevitable disputes or disagreements that may require a judge’s intervention. One common issue that arises is what happens when the custodial parent wishes to move with the child to a new location.
This is not a simple matter. Both parents have certain legal rights in this situation, not to mention the child. That is why if you are one of the parents involved it is important to work with an experienced Commack parental relocation lawyer who can guide you through the process and help ensure the best possible outcome for you and your children.
Protecting Your Child’s Best Interests
As part of any divorce judgment where there are minor children involved, the judge will establish each parent’s custody and visitation rights. These are not guidelines or suggestions. Both parents must abide by the court’s decision.
So if a parent with physical custody–i.e., the child lives with them–wants to relocate, they must first ask a Family Court judge for permission to do so. The other parent then has the right to respond and object. The judge will then hold a hearing on the matter.
The crucial thing to understand here is that the court’s primary concern is what will be in the best interest of the child–not either of the parents. Determining a child’s “best interest” requires examining a number of factors, which may include but are not limited to:
- Why does the custodial parent wish to relocate?
- Why does the other parent oppose relocation?
- How would the move impact the child’s relationship with the non-custodial parent?
- Will the non-custodial parent be able to visit the child following relocation?
- How would the move affect the child’s education?
- How would the move affect the child’s emotional and financial situation?
While a court will give serious consideration to a relocation request based on valid changes in the custodial parent’s circumstances, such as remarriage or a new job opportunity, a judge is not going to approve a move based on spite or anger between the parents. Again, the court’s role is to protect the best interests of the child, so any relocation request for what the judge deems frivolous reasons will almost certainly be rejected.
Contact Attorney Joshua Adam Kittenplan Today
Relocating with a child is not something a parent should do lightly or on a whim. Even when the other parent is on-board with a move, there is still a legal process that must be followed. It is therefore in the best interest of you–and your child–to work with a skilled Commack parental relocation attorney who can walk you through this process. Contact the Law Office of Joshua Adam Kittenplan today to schedule a free initial consultation with a member of our team.