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Parental Relocation

Protect Your Family with Help from NYC Child and Parental Relocation Lawyers

Providing clients with outstanding family law counsel for more than a decade

Relocating children undoubtedly affects their relationships with friends, extended family and the noncustodial parent. As such, the court is careful in reviewing relocation cases to ensure that the best interests of the child are preserved. At Bernfeld, DeMatteo & Bernfeld, LLP, our legal team has a combined 45 years of experience handling relocation and other complex matters. Over the course of our practice, we have represented many clients on both sides of relocation cases. We recognize that relocation may sometimes be in the best interest of the child.

Moving your child out of state

If you are the custodial parent and wish to move your child out of state, you must get court permission by obtaining a post-divorce modification. If you do not have court permission and leave the state, you could be punished. Our matrimonial and family law attorneys can help you not only with your divorce, but we also have considerable experience in criminal defense. We will fight zealously to protect your rights if you are facing legal consequences for moving your child out of state without a court order.

To avoid trouble and possible criminal charges, you should first attempt to obtain written permission from the noncustodial parent. If your ex-spouse objects, you should file a petition to relocate and obtain a court order.

Factors the court considers in relocation cases

Like divorce and child custody matters, in relocation cases, the court’s primary concern is the welfare of the child. The court is not concerned with how the move may benefit the custodial parent. When a custodial parent files a petition to relocate, the court considers the following factors:

  • Good faith of the parents in requesting or opposing the move
  • Relationship the child has with the custodial and noncustodial parent
  • Likelihood that the noncustodial parent can work out a visitation schedule that fosters a meaningful relationship with the child
  • How the move would affect the child’s quality of life
  • Any negative effect from hostility between the parents
  • How the move may affect the child’s extended relationships
  • Any other factors the court may consider relevant

Competent team of relocation lawyers serving New York City

Bernfeld, DeMatteo & Bernfeld, LLP provides high-quality counsel to matrimonial and family law clients throughout NYC. You can arrange a free initial consultation to speak with a lawyer at our firm by contacting us online or by calling us at 646-880-4689.