New York Law: Parental Relocation With Children
An Aggressive and Protective Family Law Attorney in Syracuse
Laws governing the relationships between custodial and non-custodial parents have tightened over the last decade. New York law now emphasizes that the non-custodial parent has the right to regular parenting time (unless proven to be an unfit parent). This means that a custodial parent cannot simply relocate to another state — or even another part of New York — without obtaining the approval of the non-custodial parent or a child custody modification from the family law court.
At the Darwish Law Offices in Syracuse, we help parents deal with the very real issues of child relocation and its impact on parent-child relationships. Experienced divorce lawyer Diane E. Darwish can represent either parent — a parent who needs to move away for a job or family reasons, or the parent who opposes the move.
If you are dealing with the possibility of child relocation, we are here to help. Contact our office to schedule a complimentary initial consultation.
Child Custody Modifications and Child Relocation
Child relocation cases can be extremely contentious and emotional. The Darwish Law Offices has litigated child custody modification cases involving child relocation on behalf of both custodial and non-custodial parents.
New York law forbids the relocation of a child of divorced parents unless either the non-custodial parent agrees to the move, or the custodial parent can obtain a child custody modification by proving that all of the following are true:
- The move will not negatively impact the quality of the child's relationship with the non-custodial parent
- After the relocation, the child will continue to have meaningful contact with the non-custodial parent
- Relocation would enhance the child's life economically, emotionally and/or educationally
- Permanent award of physical custody to the non-custodial parent would not be better for the child than relocation
- Relocation with the custodial parent is in the best interest of the child
As is evident from this complex list of factors, child relocation cases can extremely complicated and fraught with legal pitfalls. It is critical to seek counsel from an experienced lawyer who will keep you informed every step of the way.
Contact the Darwish Law Offices
For answers to your questions about child custody or relocation, contact the Darwish Law Offices. To make an appointment for a complimentary initial consultation with an experienced Syracuse lawyer, call (315) 254-2226 or contact us online.
