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Representing The Interests Of New Yorkers Facing Relocation Matters

Ecology house in hands

Unfortunately, divorce can have a certain negative impact on the family. Child custody matters are complex and emotional for all involved. Relocation can be one of the hardest things for a family to address. When both parents have worked so hard to establish continuing positive relationships, the idea that a child may not live in the house every night can be too much for some. The idea that the custodial parent would move away with the child can be unbearable. When a custodial parent wishes to move to a distance out of reach to the noncustodial parent, it is not a simple situation. The noncustodial parent has rights and the court may have to decide on the matter acting in the best interests of the child. Sometimes, the court may have to deny the custodial parent the right to relocate. In other situations, the relocation would be a positive move for the child and a court will allow the move to commence. Each case is different and factors related to the family will always impact a judge’s decision. If you are a custodial parent hoping to move or a noncustodial parent opposing the move, you need a diligent and committed attorney to advocate on your behalf. If you need a firm with a history of success, contact Penichet & Alberga LLP for a consultation.

Factors that impact relocation

It is not easy to convince a court that relocation is in the best interests of the child. For the most part, New York courts believe that the child’s best interest are met when both parents have continuing and consistent access to their child. In order for courts in New York to consider relocation to be in the best interests of the child, the factors must be overwhelmingly in favor of the move. Some of the important factors related to the child include:

  • The bond with each parent
  • The impact of the move on the relationship with the noncustodial parent
  • The impact of the move on the relationship with extended family members
  • The disruption to the child’s social and academic life
  • The change in quality of life because of move

The court will also consider factors related to the parents, including:

  • The reason the custodial parent requests the move
  • The reason the noncustodial parent opposes the move
  • The change in quality of life for the parent

Contact an experienced Westchester County relocation attorney

Penichet & Alberga LLP has over 100 years of experience representing clients faced with the possibility of relocation. Whether you are the custodial or noncustodial parent, you have rights that need to be defended. If you need a law firm with years of success, Penichet & Alberga LLP is here to serve. Our legal team is widely known for our achievements across Westchester County and the state of New York. If you need our legal support, call 914-806-6675 or contact our offices in White Plains for a consultation.