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.