New York City Relocation Attorney

Relocation Will Require Modification of a Child Custody Order

Father and son by a lake

After a divorce, the relationship that a child has with the non-custodial parent will be different. The change is evident even when custody is shared. Requests to relocate a child are scrutinized by the court to ensure that the best interests of the child are being met.

Whatever side of the request you are on, you will need the best NYC family lawyer presenting your case. Retaining an attorney from H. Benjamin Perez & Associates, P.C. ensures you will have an Avvo® top-rated attorney representing your parental rights. You want the best attorney available to protect your child custody rights.

Relocation Lawyer Serving New York City

So what determining factors are considered in relocation cases? In New York courts, they look at the following aspects:

  • The best interests of the child are the prime consideration given to requests for relocation
  • Whether the child may have greater opportunities in a new location
  • What the child will give up by relocating
  • The relationship with the non-custodial parent and the extended family will be carefully measured against the benefits of a move
  • Grandparent's rights and established family relationships may be given consideration in matters of custody and relocation

The court will want to know if the educational opportunities are better in the new location. The court will consider whether any medical condition that the child has will be better treated at the new location.

On the other side, if the relocation will result in a better financial situation for the child or if the move will not adversely affect the child's relationships, a move may be granted. While the child's best interests are the primary concern, the rights of the parents will not be ignored.

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Relocation requires a modification in the child custody arrangement and must be authorized by the court. We will aggressively represent your parental rights in these matters. Contact us to start the process of evaluating your case so we can begin to prepare for the hearing. Our firm provides legal services in English and Spanish.