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If you have full or joint custody of your children, relocating may not be as simple as you would hope. Sometimes the motivation behind relocating is vindictive, but often the reasons are valid. Maybe you received a promotion or found a new opportunity out of state. Circumstances such as caring for a sick family member, financial hardship or child care needs may also require you to move.
However, making this decision on your own could complicate matters. You may even violate your divorce order and any existing custody terms. It is in your best interest and the interest of your child to consult Cedeño Law Group, PLLC, in these types of cases.
Before you can pack your things, you will need permission from your child’s other parent. State law mandates that both the custodial and noncustodial parent must agree on the relocation in order for it to move forward. If the noncustodial parent should object, the matter may require court intervention to resolve.
If your relocation issue goes to court, the primary concern for a judge will be your child’s best interest. Many factors considered in the original custody agreement will need re-examination. Coupled with new reasons and evidence for, or against, the proposed move, this may determine the result.
A judge will consider:
If you find yourself in court due to relocation disputes, our skilled lawyers can represent you. We have a thorough understanding of both sides of the issue, allowing us to represent custodial and noncustodial parents.
Relocation issues can feel like you’re trying to settle your divorce all over again. We have seen the strain, frustration and sadness our clients go through while trying to resolve these matters. And we want you to know that, whether you are the custodial or noncustodial parent, you don’t have to face this alone.
If you are a parent dealing with a custody dispute over relocation issues, contact us today. Call 646-475-3656 to schedule a consultation with our trusted New York City family law attorneys. You can also send us your questions or concerns using our online contact form. We are able to serve English and Spanish speakers. Hablamos español!
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