Child custody is highly contested throughout divorce proceedings. Even after an agreement has been reached, visitation and custody may need to be amended as children grow older and other life events unfold. When a custodial parent wishes to move away, the issue is typically highly emotional.
Our New York City child relocations attorneys will work tirelessly for your best interests. When you need aggressive representation you can trust, call Randi L. Karmel, PLLC. You can schedule a consultation with one of our family law attorneys to discuss your unique matrimonial or family law matters by clicking here or calling us at 212-755-0224. We serve clients in the Bronx, Brooklyn, Queens, Manhattan, and Staten Island.
What Do New York City Courts Consider When Parents Wish to Relocate?
Child relocation in New York City can be complex. The court will consider the child’s best interests at all times. However, every family situation is different. Moving away could be favorable for the child in one family while detrimental to another.
Generally, judges favor keeping children near both parents. In child relocation disputes, the courts will consider the following factors:
- Is the custodial parent leaving for a career opportunity that will financially benefit the child?
- Is the custodial parent remarrying?
- Will the move bring the custodial parent closer to the family?
- How old is the child?
- Is the child very involved (school, community, after-school programs, hobbies)?
- Will the child have the same medical and educational opportunities if the move is approved?
- How will the move affect the relationship with the noncustodial parent?
- Is the noncustodial parent able to move?
- How will the current visitation agreement be affected?
What if the Custodial Parent Moves Away Without the Consent of the Court?
Whether you have a formal custody agreement or not, moving away with a child is a serious matter. It is crucial to have an experienced parental relocation attorney by your side.
Moving away without petitioning the court for permission can have long-lasting consequences, including:
- You may be held in contempt of court
- The noncustodial parent may be given temporary or permanent custody
- The court may view your judgment going forward as impulsive and not in your child’s best interest
- Be ordered to pay the other parent’s attorney fees
If the court denies permission, moving out of state with your child can also have serious legal ramifications. When a parent keeps a child from the other parent, violates a custody order or decree, it is considered family abduction.
In the last reporting year, nearly 203,900 children were abducted by a family member:
- 53% were taken by the child’s father
- 25% were abducted by the mother
It is important to know that the court cannot prevent you from relocating, only your minor children. For issues of child relocation, contact Randi L. Karmel, PLLC, today.
Call Our Experienced Child Relocation Attorneys In New York City
At Randi L. Karmel, PLLC, our New York City child relocation attorneys understand each parent has rights that need protecting. Whether you are a custodial parent wishing to move, or a noncustodial parent afraid of losing a close relationship with your child, Attorney Randi L. Karmel can help.
Our family law attorneys represent clients from all five boroughs. Schedule a consultation with one of our child relocation attorneys to discuss your unique matrimonial or family law matters by clicking here or calling us at 212-755-0224.