Relocation in New York Child Custody and Visitation
Family Law & Divorce Lawyers in Westchester, NY
Typically, when your divorce or child custody case is over, you and the other parent likely have in place some sort of child custody and visitation schedule. Also, it is not unusual, especially in today’s world, that one or both of the parents may need to relocate. Relocation will inevitably make it necessary to change the custody and visitation schedule, and this frequently creates conflict between the parents. Again, this is one of the most common issues that our family law and divorce attorneys help clients deal with, and we work diligently with our clients to address the unique problems that arise from one parent seeking to relocate.
Where will the Relocation Case Be Heard?
The location of any relocation proceeding will be determined by the “home” county or state of the child. If the parents reside in separate states, the issue will be determined under The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which is a nationwide law meant to help parties address issues between the states.
What Determines Whether the Move will be Allowed?
As with so many other matters involving child custody and visitation in New York, it all comes down to what the court believes serves the child’s best interests. A court will seek to determine if the move can be done in such a way that it will not completely disrupt the child’s life and if it can be done in such a way that non-moving parent’s access to the child can be accommodated.
It is difficult to say precisely that any particular factor will cause a court to approve a relocation and find that the move is in the best interest of the child. Circumstances surrounding the move, the lives of the parents and your child’s interests will all factor into the court’s decision. The best way to make sure that your position regarding a possible relocation is properly presented to the court is to speak with a family law attorney as soon as you know that relocation is on the horizon.
With the help of our Westchester County family law and divorce attorneys at Riebling & Payton, PLLC, we will work with you to build a strong case on your behalf that clarifies the matter for the court and establishes why the relocation is necessary, or why you oppose the relocation.
Call us today for a Consultation. (914) 712-6878