Relocation Proceedings

Understanding Child Custody & Relocation Proceedings

Focused Garden City Child Custody Lawyers

If you or your child’s other parent are moving out of New York state, it may be essential that you contact a Garden City child custody attorney in order to pursue adjustment of your parenting plan so that the custodial parent can relocate lawfully. Our team at Jonathan E. Edwards P.C. can help you and answer any questions you might be having.

We’re proud to offer excellence in representation to our valued clients. Issues concerning the safety and security of your children are of first importance. We understand the sensitive nature of these cases and we’re prepared to advocate for you and your children’s best interests effectively and aggressively.

I am a custodial parent, what will the court say about my planned move?

The New York Court of Appeals ruled in Tropea v. Tropea, 87 N.Y.2d 727 (1996) that a custodial parent’s right to relocate out of the restricted area allocated by the court will be determined based on what the court determines to be the “best interest of the child” — even above and beyond the rights of the parents, though those factor in as well. This is the standard approach taken in deciding all cases pertaining to child custody and visitation rights. In light of this, your potential relocation will be considered on its own merits, with all factors that could affect the child’s development and well-being considered and accounted for, before the court makes a final decision.

Some of these factors that the court will look at could include:

  • What are the relocating parent’s reasons for the move?
  • If applicable, why does the other parent oppose the move?
  • What is the nature and quality of the relationships between the parents and children?
  • Will the non-custodial parent be able to maintain his / her relationship with the child after the relocation?
  • Is this move going to enhance and benefit the child in any way, including financially, emotionally, or educationally?
  • Will the relocation inhibit contact between the child and his / her non-custodial parent?

Learn more when you discuss your case with Jonathan E. Edwards P.C. today: Call our office at (888) 511-9273 or (516) 281-0000.

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