So, your co-parent has notified you that they want to relocate with your child, and you disagree - what next? Understanding how relocation cases work in New York, and what you can do to contest one, can help you maintain custody of your child.
To schedule a consultation with our team for your custody dispute, contact us online or via phone at (718) 215-0121.
Contesting a Relocation
To relocate with a child, the parent who wishes to relocate must provide the other with a notice of intent describing where they want to move, and their reasons why.
After receiving the notice, if you want to contest it, you'll need to file an objection to relocation with your family law court.
After receiving the objection, the court will schedule a location hearing that both parties must attend. As with any court case, it's in your best interests to take the hearing seriously - show up on time, wearing formal or formal casual attired that's been recently washed and ironed. You want to put on your best appearance in front of the court.
At the hearing, the court will examine:
- Why the relocating parent wishes to move;
- Why you wish to oppose the relocation;
- The child's relationship with each parent;
- The child's connections in their current location, such as nearby family members, friends they have at school, etc.;
- How relocating would impact the child's support network;
- How relocating would impact each parent, including whether it would force the objecting parent to spend less time with their child;
- What opportunities relocation would give to the child;
- What opportunities relocation would give to the custodial parent;
- How existing custody orders would need to change post-relocation;
- The child's preferences, if they are old enough and have the maturity to give input.
Before the hearing, you'll want to come up with a strategy for how to address these points. An experienced child relocation attorney can help you draft a case strategy that will help you successfully oppose relocation.
To schedule a consultation with our team for your relocation case, contact us online or via phone at (718) 215-0121.