Relocation

Long Island 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 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.