When a divorced parent makes the decision to relocate to a new city or state, there are legal implications to consider if that parent has been awarded shared custody of a child. Depending on the distance of the move, there could be significant logistical and emotional impacts on the child and the family dynamic. In these scenarios, a divorce lawyer in Queens or NYC that specializes in relocation can take an assessment of the case and apply their legal experience to secure a positive outcome.
At Aronov Law NY, we understand the gravity of each child relocation case our clients face. It’s why we approach every case as if it involved our own child, bringing legal knowledge, empathy, and creativity to devise personalized strategies that make a difference. After better understanding your family dynamics and motivations behind moving, we can use this information to fight for a resolution that meets the needs of you and your child.
How Can I Win My Child and Parental Relocation Case in New York?
A significant amount of hard work will be necessary to be prepared and win your child relocation case in New York. All of these efforts will be to prove that the move, or any proposed shared custody arrangement, will not have any negative impacts on the child’s well-being.
Here are some steps involved that may help you win your case:
Prove the Benefits of the Move
One of the largest tasks in these relocation cases is to make the court believe that the move will not harm but benefit the child. This will require different types of evidence for the court to review. For example, if a child is struggling with their education in their current environment, you could provide poor grades and a new, better education program as evidence to suggest the move will help them succeed. This demonstrates your desire to prioritize your child’s needs.
If you are relocating due to a new job, show the court how the new job will offer better financial stability or a work-life balance that can directly benefit your child’s well-being. For example, making more money to save for college or afford a new private education if they are struggling in the public school system could be beneficial. Your attorney can help you collect evidence to prove the advantages of relocation for your child.
Maintain Relationships
If there is any fear that a parent’s desire to relocate will negatively impact important relationships for the child, the request to maintain shared custody could be denied. One way to combat this is to work with your attorney to create a comprehensive and realistic visitation schedule. It’s important to demonstrate how a path exists for both parents to still spend quality time with their child.
In today’s digital world, there are more virtual communication options available to maintain a relationship with a child when you are not physically together. Consider sharing a plan on how leveraging these virtual communication tools, like Facetime, can help keep a child stay connected to both parents. It could be enough for the court to be comfortable with the separation.
Transportation arrangements are another unique aspect of child relocation cases. The court will want to understand who will handle transportation costs for the child and in what manner the child would be traveling. For example, explain who would be responsible for purchasing airfare tickets and transporting the child to and from the airport.
Consider the Child’s Preferences
If your child is old enough to express a preference, make sure the court is able to hear their position. Even if your child’s stance differs from your own, it’s important to show the court that you respect your child enough to give them their own voice. While a child’s opinion could be taken into consideration, it is often not the only information a judge uses to make a final decision.
Negotiate With the Other Party
The level of skill your attorney has with negotiations can have a huge impact on the outcome of your case. This can be useful during mediation sessions, which are the less adversarial path for both parents to bring up their concerns and try to find areas where compromise is possible. An attorney can help their clients navigate these sessions to better understand where their ex-spouse is coming from while communicating their position as clearly as possible.
Having a strong negotiator on your team can also prove to be useful when mediation sessions are unsuccessful, and the case advances to court. This is where creative negotiation tactics, like splitting holidays or proposing an adjustment to child support to account for travel expenses, can make a difference in achieving the outcome you desire.
By taking these items into consideration and working closely with a skilled attorney, you can build a strong child relocation case that not only prioritizes the well-being of your child but also remains compliant with New York’s legal standards.
Tips for Working With a Queens Child Relocation Lawyer
Choosing the right child relocation lawyer can significantly improve the chances of you achieving a favorable outcome while defending against unsubstantiated claims from the other side.
Consider applying these tips to help make the most of your professional relationship with your attorney:
Choose the Right Lawyer
Most lawyers have focused their education and experience on a specific discipline. In child relocation cases, you’ll want to make sure the attorney you hire has family law experience. It would be even more helpful to secure someone who has already executed and won other child relocation cases. Having access to this direct experience means increased chances of success, as an experienced attorney will have extensive knowledge.
Prepare Thoroughly
Before your initial consultation, collect all documents that will help your case. This could include records from school, a job offer, financial statements, or anything else that helps support the claims you wish to make in court. When sharing what happened with your attorney, do not leave out any details. The more they know, the better they can effectively represent you and anticipate what moves the opposition will make.
Communicate Clearly
Practice open and honest communication with your attorney from the start. You’ll want them to understand what concerns you have, your goals for the case, and if you have any potential vulnerabilities they should know about. Be sure that your attorney keeps you informed about the progress of your case. Having an open communication policy will encourage regular check-ins with your lawyer for case updates or if any new information develops.
Be Organized
When working with a child relocation attorney, keep detailed records of all communications and meetings related to your case. This will help you track progress to ensure no important details are overlooked. When it’s time for meetings with your attorney, prepare as many questions and topics for discussions as you can beforehand. This is to maximize the amount of value you get from each interaction with your attorney.
At What Age in New York Can a Child Choose Which Parent to Live With?
The New York court is able to make decisions on where a child can live until their 18th birthday. However, there is no set age before 18 when a child can express their opinion on who they prefer to live with. If the child appears capable of making a rational decision, the court may take the time to listen to their opinion. However, this is rarely the only piece of evidence a judge will use to make a final decision. They will weigh it against other case details.
The top characteristics of a child who is most likely to have their opinion factored into a custody decision include:
- Age and maturity: The older a child is, the more likely that preference will be given to their opinion. However, age does not always correlate with maturity. To assess maturity, a judge will use their discretion when listening to a child’s testimony and hearing the opinions of others who speak to their character.
- The reason for their preference: The court will want to hear in great detail why a child prefers one parent over the other. They are also assessing to see if there is any suspicion that the child was coerced into sharing a specific opinion by either parent.
- Their relationship with each parent: The strength and quality of a child’s relationship with each parent will be scrutinized. If one relationship is severely lacking, it might encourage the court to approve the other parent’s relocation request. The more uninvolved parent will then likely be awarded visitation rights unless there is evidence they have been abusive or neglectful.
Custodial Parent Relocation Litigation
Litigation between the custodial (main custody) and non-custodial parent when the custodial parent decides to relocate. This conflict can result in a visitations right litigation case that Aronov Law NY is equipped to deal with. If you are caught up in similar situation, contact us now and get legal clarity on what to do next.
We believe that each relocation request must be considered on its own merits with due consideration of all the relevant facts and circumstances and with predominant emphasis being placed on what outcome is most likely to serve the bests interests of the child.
Under what circumstances may a custodial parent relocate together with a child?
The factors that the courts consider are numerous.
* The reasons for the proposed move, e.g.
– Economic reasons
– Health reasons
– Remarriage
– Fresh start
– Other family members.
- The effect of the proposed move on parental visitation.
- Whether visitation can be suitably revised.
- Any provisions in a separation agreement concerning relocation.
- The disruption of relationships in the event of a move.
- The involvement of each parent and others in the child’s life.
- The distance and required travel arrangements involved in the move.
- The living conditions and the educational, recreational, medical and other facilities available in the new location.
- The results of any home studies regarding the parties’ current circumstances and the proposed new location.
- The likely psychiatric impact upon the parties and the child if there is a move or change in custody.
- Any violation of prior court orders.
- The impact of the relocation on the noncustodial parent.
- The possibility of transferring custody to the noncustodial parent in order to allow the custodial parent to move.
- The feasibility of a parallel move by the noncustodial parent.
- The good faith of the parent requesting the move.
- The child’s attachments to each parent.
- The lifestyle of the child in each location, including emotional, educational, and economic factors.
- The effect of hostility between the parents in each location.
- The effect on grandparent and other extended family relationships.
- The safety of the child and the safety of either parent from physical abuse by the other parent.
- The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision.
- The needs of the child.
- The stability of the home environment offered.
- The quality and continuity of the child’s education.
- The fitness of the parents.
- The geographical proximity of the parents’ homes.
- The extent and quality of the time spent with the child prior to or subsequent to the separation.
- The parents’ employment responsibilities.
