When you work with my firm, you can be confident that your case is in good hands. I have been serving the Bronx area since 1989, and I am proud to have an in-depth and up-to-date understanding of the various New York and federal laws governing family law matters and divorce. If you are considering filing a petition for a family law concern, do not hesitate to retain me as your Bronx relocation lawyer.
Parental Relocation Lawyer in the Bronx
Quickly Resolving Relocation Cases in New York
Moving to a new place dramatically changes a child’s life. That’s why the courts consider every relocation request individually. They carefully look at all the relevant circumstances and facts to make certain that the child's best interests will be served by the move.
If you wish to relocate with your children after a divorce, it is important that you have a knowledgeable New York parental relocation lawyer to represent you.
Why Choose Our Relocation Attorney?
At The Law Office of Ava G. Gutfriend, I focus my practice on the needs of my clients. When you work with me, I will take the time to get to know you and your situation. Then, I will draft a personalized strategy for you. You will never be treated like a case number.
In my 30+ years of practicing family law, I have resolved countless relocation cases across the 5 boroughs. I make it a priority to invest in continuing legal education and keep up with changing laws. With my firm, you can rest assured that your case is in good hands.
How Far Can I Move with Joint Custody in New York?
There are no set guidelines for moving when you have joint custody of a child. How far you can move will depend on the details of your child custody agreement. Most of the time, parents who share custody will need to stay within the same borough (such as in the Bronx); at the very least, they will be expected to remain in New York City.
A custody order may be modified by the courts if you are looking to move farther away, such as:
- Moving to another borough
- Moving to another city
- Moving out of state
- Moving out of the country
Whether you’re the custodial or non-custodial parent moving out of state (or elsewhere), our Bronx relocation lawyer can help you make sense of your custody agreement. I will pore over the details and, if needed, help you apply for relocation.
Moving Out of State with Your Child—No Custody Agreement
Making sense of the custody laws for moving out of state can be hard enough when you have a solid custody agreement. But when you don’t have a court order, there can be even more confusion about how to go about moving.
If there is no court order and you wish to move out of state with your child, you will need to work this out with your co-parent/former spouse. This will prompt most people to take the matter to court, where a judge will consider the best interests of the child.
To put it simply: Most people will have a hard time moving out of state with their child—regardless of whether there is an existing custody agreement. Our skilled lawyer can help you sort through custody and relocation with ease.
Requesting Relocation in New York
Family Court Relocation Petitions
Since relocation orders are parenting orders, a family court will be the one to issue them. The path to getting these orders will vary.
Our relocation attorney can go over your case and help you figure out the best path forward. You will likely need to get the other parent’s written agreement on the move. You may also need to file a custody/visitation modification petition to get the court’s permission to relocate. A relocation hearing will come next.
What Happens at a Relocation Hearing?
The court will consider several factors in a relocation hearing, including:
- The reason for seeking and/or opposing the move
- The quality of the child's relationship with each parent
- How the move will impact the child’s relationship with the non-custodial parent
- How much the move will impact extended family relationships
- How much the move will impact the child’s overall well-being
As with any family court issue, the child’s well-being will be the No. 1 priority. Education, emotional and mental health, and financial stability of the child will play a significant role in how the courts decide on custody in a relocation.
How Do You Win a Relocation Custody Case?
As mentioned, the court prioritizes the best interests of the child in relocation cases. Although the parents' rights are important factors that must be considered, the child's interests are almost always given the greatest weight.
To win a move-away custody case, you will need to prove that the move will serve the child’s best interests:
- The child will be able to frequently visit their non-custodial parent
- The reason behind the move is a good one, such as better job opportunities, higher wages, better cost of living, moving back to your or your child’s hometown, etc.
- The move will improve the child’s quality of life, such as if they will be attending a better school, living in a safer neighborhood, or will have greater financial stability.
- If the non-custodial parent has been an absent parent or doesn’t make use of their current parenting time, bringing this to the court’s attention will improve your chances of winning.
The court may allow the relocation and grant visitation to the non-custodial parent that allows for a positive, nurturing relationship with the child. If the child's ties to the non-custodial parent and current community are strong, however, the court may transfer custody to the non-custodial parent.
Reasons Why a Judge May Deny Relocation
According to New York state relocation law, a judge must deny a relocation request if the move would negatively affect the child.
Another common reason why a judge may deny relocation is if they believe it is being done in bad faith, such as out of spite for the other parent.
Put Your Relocation Custody Case in Good Hands
As a seasoned parental relocation attorney, I can assist you with your relocation matter. I have helped countless clients in the Bronx and across the state since 1989. Known for my careful preparation and tailored legal services, I will do everything in my power to get you the best results. There is no case too big or small for my firm.