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Relocation and Child Custody in New York

One of the most difficult issues in child custody occurs when the custodial parent seeks to relocate to another city. This puts the non-custodial parent in a difficult situation – they want to maintain a positive relationship with their child, but that can be difficult living in different cities. This can lead to a contentious battle over the best interest of the child.

The interest of the child will be of paramount concern when deciding on a potential relocation. Ultimately, the court may find the best interest of the child is met by moving. They could also find that moving is not in the best interest of the child and transfer custody to the non-custodial parent. The court may also rule that the non-custodial parent should consider a parallel move in order to maintain a relationship with the child.

To make this determination, the court looks at several factors in determining the best interest of the child. First, the court will look at the reason for the move. If the custodial parent has a good job opportunity, for instance, the court may find the extra income can provide a higher quality of life that in their hometown. Money is not the only concern, however. The court will look at the relationship between the non-custodial parent and the child to determine how this will impact the child. They will also look at the connection a child has to his or her particular community. If the child has many friends and has lived in a particular city for many years, a judge may find that a move will be too disruptive to the child’s life.

Ultimately, the decision on relocation will come down to a variety of factors that will be decided on a case-by-case basis. At The Law Offices of Seidner & Associates, we can examine your situation to offer advice on relocation. Whether you are seeking to relocate or seeking to prevent your child from moving, we can help you achieve the best outcome possible for your particular case. To speak with a family law attorney about your child relocation issues, contact The Law Offices of Seidner & Associates right away.

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