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Parental Relocation
Parental Relocation in New York
If you or your ex-spouse wishes to relocate with your child(ren), Family Court must be petitioned and certain issues must be addressed. The Court’s primary concern is the effect of the relocation on the child(ren) and whether or not it is in the child’s best interest.
Best Interest of the Child
If the Court believes that relocating could have a harmful effect on the child, the Judge will rule against the relocation. It is no secret that a relocation is a huge life change, especially for children. Adjusting to new schools, people, making friends again, can be difficult especially if the child had already grown attached and was comfortable to where they currently live.
The Court may nonetheless deem relocating a good thing. The outcomes all differ case to case.
The 1996 case, Tropea v. Tropea demonstrates some of the factors that courts take into account when a relocation proceeding is made:
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the reasons each parent has for either seeking or opposing the move;
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the nature and type of relationship the child has with both parents;
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the impact that the move will have on the child's future contact with the noncustodial parent;
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the extent of which the custodial parent's and child's life will be enhanced by the move, including economically, emotionally and educationally;
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the ability to preserve the relationship between the noncustodial parent and child through visitation.
No matter the side of the case that you are on, relocation proceedings are a complex matter to bring to the Court as you have to ensure all aspects are catered for. This is why it is best to be represented by an Attorney who is familiar with relocation proceedings. The Law Office of Amina Rashad will protect your rights and fight for you.
