AFTER MY DIVORCE, CAN I RELOCATE WITH MY CHILD?


After your divorce is finalized, you may find yourself in a position where you wish to relocate with your children somewhere that is more affordable than Long Island. You may even find new opportunities that arise in a different state, or maybe Long Island just became unaffordable for you post-divorce. While it may seem ideal to relocate with your children, you may run into some challenges doing so.


When parties share custody and one parent wishes to relocate with the child, they must seek a court order as well as a custody modification if it impacts the non-moving parents time with the children. Relocation proceedings are somewhat complicated, however it is a common proceeding for the experienced attorneys at Capetola & Divins, P.C.. New York State will allow relocation of children if it is found to be in the child’s best interest. The Court will take into account the following factors: reasons for relocating, reasons why the non-custodial parent is not in favor of the move, how relocation could impact the child’s quality of life, the child’s relationship with the non-custodial parent, the child’s school life, etc. If the child is close with both parents and moving the child away would negatively impact the child’s wellbeing, relocation would be denied.


The moving parent must prove to the court why the relocation is in the child’s best interest. At Capetola & Divins, P.C., our attorneys are here to guide parent’s through this process and assist them in any custody modifications needed to obtain a successful relocation.

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