Some of the things that the court will take into consideration in determining the best interests of the child may be the following: as a general rule, the issue of relocation arises when the custodial parent, whether he or she has sole or joint custody of the child or children, wants to distance himself or herself from the other parent. This can range from more than an hour and a half to several thousand miles. Normally, a parent`s reasons for wanting to move focus on moving a new spouse or relationship, or advancing their career. However, under New York law, a parent cannot simply move a child away from their other parent without the court`s permission if the other parent objects. If the parent moves the child without a court order on the other parent`s objections, he or she risks losing long-term custody to the detriment of that parent. The New York court found that Washington is the children`s original good condition, because the mother has lived with them for the past four years in Washington, where all the children`s friends, potential witnesses, and academic and medical recordings are located. The judge also pointed out that mother, as a wife paid in cash, could and would pay for her father`s travel expenses to Washington. The lesson is that if children are allowed to live outside of New York for a long time and the non-caring parent does not see or contact the children, the new state can get jurisdiction. If you have a moving case, remember that these are factual decisions, so talk to a lawyer before acting. However, if there is a divorce decree or a custody decision of the family court in which the court declares that it remains competent, the rules are different. In determining the best interests of the child, the court will consider a number of factors known as Tropea factors, based on the case in which they are drawn. These factors include: if the proposed move is granted, parents will need to adjust the timing of education to ensure that the non-guardian parent is able to maintain a relationship with the children.
The key to winning a child relocation case is to understand how the court sees the problems. Parents may be tempted to focus on the whole, but the court will always focus on the best interests of the child. Although laws vary from state to state, judges who hear such cases usually start in the traditional way and are responsible for whether one parent is in better shape than the other. But then they must assess the reasons for the proposed measures and objections. Does the parent who wants to move have a compelling reason or is he simply trying to keep the child away from his father? Does the parent who opposes the move really want to deal with the child or is he simply trying to control his ex-wife? Need to discuss a moving case with a divorce lawyer? Call (212) 235-1382! There are many reasons for a parent to consider moving with a child – some legitimate and some not…