How Do New York Courts Handle Relocation Requests After Divorce?

After a divorce in Forest Hills, NY, the court will establish a custody and parenting plan that’s in line with the best interests of the child involved. When one of the parents wants to relocate later, this can be a problem if it interferes with the established parenting plan. Whether you are looking to relocate or need to fight a relocation request by the other parent, talk to a divorce attorney right away.

Relocation Requests After Divorce in Forest Hills, NY

The standard for dealing with a relocation request will be the same as when originally establishing the parental plan: the best interests of the child. If the relocation is going to change the existing custody situation, there has to be a good reason for it. Here’s what the court will consider:

Good Faith

The very first thing the court will look at is whether the request is being made in good faith. That means that the request is being made because the parent genuinely believes it’s going to make life better for them and the child. If there is any hint that the parent just wants to make things difficult for the other parent or interfere with the parent-child relationship, the courts will likely reject the request.

Reason for the Move

Assuming the request is being made in good faith, the courts will next want to know why the parent wants to move. If a parent wants to move because they hope there might be better jobs in the new place, this is probably not going to be a good enough reason (if it’s the only reason). But if a parent has an actual job offer, that’s a different story.

Effect on the Child

The court will also want to consider how this is going to affect the child emotionally and developmentally. The courts prefer it when the child’s life stays as stable as possible and will not lightly consider a change that would disrupt community connections. This consideration is going to weigh very heavily with the court.

On the other hand, if the move would improve the child’s social situation, or if the move will give the child better access to, for example, medical or mental health services that they require, the move might be considered a positive from this perspective.

Relationship With Parents

If a parent wants to move, the court will take a close look at how this move will influence the child’s relationship with the other parent. If it’s going to make it significantly more difficult for the non-custodial parent to keep up the relationship, the court will not be very inclined to grant the request.

Talk With a Divorce Attorney

These are just some of the factors the court will consider, and an attorney can help you build a case the court will find compelling, whether you need to relocate or know another parent’s relocation will be harmful for your child. Talk to us today at the Law Offices of Joseph H. Nivin, P.C. in Queens and Forest Hills, NY, so our compassionate attorneys can listen to your case and lay out your options. 

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