White Plains NY Child Custody and Relocation Attorney
In New York State, the overriding principle regarding those and other child-related issues is “the best interest of the child”, which is subject to interpretation by the court based upon the law, the facts, and the circumstances of each individual case.
Both the custodial and non-custodial parent are each legally obligated to adhere to the existing child custody order as set forth by the court.
Any proposed changes to that order, such as an issue of relocation which can impact child custody and visitation rights, must be modified through the court.
The court may permit relocation if it is deemed to be in the best interests of the child.
Among the many factors the court can consider:
- The terms of the current child custody and visitation order issued by the court.
- The custodial parent’s reasons for relocating, such as a better job, educational opportunity, remarriage, or an improved family support network.
- The effect the relocation may have on the relationship between the child & the non-custodial parent.
- The impact the relocation would have on the visitation rights of the non-custodial parent.
- The effect the potential relocation would have on the child’s overall quality of life, including economic, educational, social, and emotional factors.
- An older child’s preference, although there is no specific age defined by law. The court has the final say in custody matters until the child is 18 years old.
- How the move would affect the existing relationships the child has with extended family members, such as grandparents and siblings.
Child-related issues in divorce and post-divorce are emotionally charged and can easily become high conflict situations. You want to work with an experienced, compassionate, and skilled attorney who will zealously protect the relationship you have with your child.
I offer my clients nearly 24 years attorney experience in all child-related matters, including child custody, visitation, relocation and child support. If you have a divorce or any family law issue and need legal counsel, I look forward to hearing from you soon.
Free Initial 15 Minute Phone or Video Consult
Convenient Downtown White Plains Office Location