Experienced Relocation Lawyers Serving Families in Suffolk County, NY
For many divorced couples, the complications do not end once the divorce is finalized. One wrinkle often overlooked by each spouse during divorce proceedings is the possibility that one of the parents will have to relocate at some point. And any parent who has custody of a child or children and is planning to relocate must attain court approval to do so, which is a potentially long and contentious process.
There are two important elements in relocation cases: That the relocation is in the best interests of the child or children involved and that it will not greatly inconvenience the non-custodial parent. At the Law Offices of Michael Catalanotto, PC, our Suffolk County relocation lawyers are experienced in winning relocation cases and helping the parent prove these points.
While some parents attempt to win relocation rights on their own because relocation does not appear to be as big a mountain to climb as divorce, the truth is it is an extremely difficult and complicated procedure, one which a lawyer should handle.
What Factors Does the Court Consider in a Relocation Case?
When a custodial parent wishes to relocate, New York courts look at various factors to determine whether the move is in the child’s best interests. These are some of the most important considerations:
Best Interests of the Child: The primary concern is whether the move will benefit the child emotionally, socially, and psychologically. Courts will examine how the relocation might affect the child's overall well-being.
Child’s Relationship with the Non-Custodial Parent: The court will assess the strength of the bond between the child and the non-custodial parent. If the move would greatly interfere with visitation or diminish this relationship, the court may be less likely to approve it.
Reason for Relocation: The court will consider the reasons behind the custodial parent’s move. A valid reason, such as a job opportunity or closer family support, may weigh in favor of the relocation. A move without a compelling reason may not be approved.
Impact on the Child’s Life: The court will examine how the move will affect the child's education, friendships, and overall stability. A significant disruption to the child's life may be a factor against the relocation.
Feasibility of Maintaining a Relationship with the Non-Custodial Parent: The court will look at whether it is possible for the child to maintain a meaningful relationship with the non-custodial parent after the move. This includes considering the logistics of visitation, travel arrangements, and communication options.
Need help navigating a relocation dispute? Contact us now at (631) 621-3750 for a consultation with our skilled legal team.
Frequently Asked Questions (FAQs) About Relocation Cases
Can I relocate with my child without the other parent’s consent? No, in New York, you must obtain court approval before relocating with your child if the relocation will significantly affect the non-custodial parent’s visitation rights. Even if you have primary custody, moving without court approval can result in legal consequences.
How long does a relocation case take in New York? The timeline for a relocation case can vary depending on the complexity of the situation. On average, it can take a few months to a year. If the case goes to trial, it may take longer. However, mediation and negotiation can speed up the process.
What happens if the court denies my relocation request? If the court denies your relocation request, you are required to abide by the custody arrangement in place. You can try to modify the decision by showing a substantial change in circumstances or appealing the ruling.
Can a judge change custody if I relocate? Yes, the judge may reconsider custody arrangements if you relocate, especially if the move impacts the child’s relationship with the non-custodial parent. Custody may be modified to ensure the child’s best interests are served.
Is it possible to appeal a relocation decision? Yes, if the court rules against your relocation request, you have the right to appeal the decision. However, appeals can be costly and time-consuming, so it’s important to consult an experienced attorney to assess the chances of success.
Do both parents have to agree to mediation for relocation cases? No, both parents do not have to agree to mediation, but it is highly encouraged by the courts. Mediation can be a more peaceful and cost-effective way to resolve relocation disputes outside of court.
How can I protect my child’s best interests in a relocation case? The best way to protect your child’s interests is to provide the court with evidence that the relocation will positively affect your child’s emotional, educational, and social well-being. Working with a knowledgeable relocation attorney can help build a strong case.
What to Do If the Non-Custodial Parent Objects to the Relocation
If the non-custodial parent objects to the relocation, the custodial parent has several options:
Mediation: The first step may be to try mediation. A neutral mediator can help both parents discuss their concerns and try to reach a compromise.
Negotiation: The custodial parent may engage in negotiations with the non-custodial parent to come up with a visitation plan that addresses concerns and makes the move more feasible.
Court Intervention: If mediation or negotiation fails, the issue may need to be resolved in court. The custodial parent must present a strong case showing that the move is in the child’s best interests.
How Our Suffolk County Relocation Lawyers Can Help
When facing family law issues, having a compassionate and knowledgeable attorney by your side can make all the difference. At The Law Office of Michael Catalanotto, we understand that family matters can be emotionally charged and complex. Our dedicated team is committed to guiding you through every step of the legal process with empathy and expertise.
Here’s what sets us apart:
Personalized Approach: We take the time to understand your unique situation and tailor our strategies to meet your specific needs.
Comprehensive Services: From divorce and child custody to adoption and support modifications, we offer a full range of family law services to address any challenge you may face.
Proven Track Record: Our firm has successfully represented numerous clients in family law cases, achieving favorable outcomes through negotiation and litigation.
Open Communication: We prioritize transparency and keep you informed throughout the process, ensuring you feel supported and empowered.
Community Focused: As a local firm, we are deeply invested in the Nesconset community and understand the local laws and regulations that may affect your case.
Choosing the right attorney is crucial for your peace of mind and the best possible outcome. Let us help you navigate your family law matters with confidence and care. Contact us today to schedule a consultation and take the first step toward resolution.
The Role of Mediation in Relocation Cases
Mediation can be a highly effective tool in relocation cases. Here’s how it can help:
Less Adversarial Process: Mediation offers a less confrontational setting than court, allowing parents to communicate openly and cooperatively.
Faster Resolution: Mediation can resolve the issue more quickly than a lengthy court battle, which can be emotionally taxing and expensive.
Customized Solutions: Mediation allows parents to work together to create a visitation and custody plan that works for both parties and the child, rather than having a solution imposed by a judge.
Mediation can often be a valuable first step, allowing parents to preserve their relationship and create a more flexible and harmonious post-divorce arrangement for the child.
