Suffolk County Child Relocation Lawyer

Once custody has been established, in order for a custodial parent to relocate with the child, the custodial parent must first seek the court’s permission.  In making this determination, the court is very concerned with maintaining the non-custodial parent’s access to and visitation with the child. The custodial parent seeking to relocate must establish, by a preponderance of the evidence, that the relocation is in the best interests of the child.

Factors often considered in child relocation include:

  • Why the custodial parent seeks to relocate
  • Why the non-custodial parent disputes the relocation
  • The relationship of the child to the custodial parent and to the non-custodial parent
  • How the relocation would effect the relationship between the child and non-custodial parent
  • How the custodial parent’s life and the child’s life will improve economically, emotionally and educationally
  • Feasibility of the non-custodial parent maintaining meaningful access to the child
  • Where the custodial parent intends to relocate
  • Child’s preference
  • Economic necessity of the move by the custodial parent
  • Remarriage by the custodial parent

This is not an exhaustive list of factors and the weight given to any individual factor will vary in individual cases.

Suffolk County Child Custody Lawyer

Louis L. Sternberg, Esq. stands out as a distinguished Suffolk County Child Custody Lawyer, renowned for his expertise and success in child relocation cases. His practice is rooted in compassion and understanding of the emotional complexities faced by families during custody disputes. Lou’s success is based in unmatched courtroom technique as well as the ability to artfully negotiate settlement agreements. Louis’s dedication to his clients is evident in his personalized approach, taking the time to understand each family’s unique situation and advocating fiercely on behalf of the client. His professionalism and expertise make him a trusted ally and a highly respected Suffolk County Child Relocation Lawyer.

How Do I Win a Relocation Custody Case in NY?

Winning a child relocation custody case in New York, or any jurisdiction, requires demonstrating to the court that the proposed move is in the best interests of the children. It is essential to understand that the child’s best interests may differ from the best interests of the parent seeking to relocate. Custody and relocation cases are complex and very fact specific. Perhaps more importantly, the trial courts have broad discretion in such matters. While no particular factor is controlling, a wise strategy would address the following:

  • Clear documentary evidence outlining the reasons for the proposed relocation, including employment opportunities, proximity to family, health issues, and how relocation serves the best interests of the child.
  • A well-articulated plan detailing how the non-custodial parent’s access will not be substantially impaired.
  • Specific information as to the nature of the proposed relocation including specific job opportunities, housing matters, educational opportunities for the child, etc.

Can a Mother Move a Child Out of State Without Father’s Permission in NY?

In New York, if there is no custody or visitation order in existence, the Mother or custodial parent may relocate a child out of state but it is dangerous to do so, especially because New York will generally retain jurisdiction to determine any such matters for a period of 6 months after the relocation out of state. In such cases, the NY court may order the parent and child to return to New York.

On the other hand, if there is an order in place, a Mother cannot move a child out of state without a court order or consent of the Father. A parent seeking to relocate out of state with a minor child is strongly advised to file the appropriate petition or motion well in advance of the intended relocation.

Contact a Suffolk County Child Relocation Attorney

Relocation cases take extensive planning and preparation. Our team of Suffolk County Child Relocation lawyers are here to help you and to protect your interests. We represent parents seeking to move and those parents seeking to keep their children local to ensure an enduring bond. We are bold, aggressive custody attorneys who tirelessly work for our clients.