Patrick M. Noe, Jr., Attorney at Law
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The process of relocating with a child after divorce

When a married couple decides to separate, one of the most contentious issues that will come up involves child custody and support. The parents may reach an initial agreement that provides both of them with sufficient time with the child, but after several years, one parent decides to relocate.

New York has strict laws concerning relocation. The parent wanting to move will need to seek permission from the other parent to still see the child after moving and seek a modification in the child custody agreement with a court in parents' jurisdiction. It is important to continue following the original court order until the matter reaches legal resolution.

Best interests of the child

To determine whether the child should relocate primarily with one parent over the other, every court in the state will consider what is ultimately best for the child. This involves taking into consideration both parents' needs for majority custody, the quality of the relationships between the child and each parent and how a move would affect a child's social life. Additionally, if the parent moving appears to want to move out of spite, then the court would be unlikely to grant custody. 

Visitation rights

If a parent needs to move for work, then a judge is more likely to feel more understanding, particularly if the new job would provide a significantly improved standard of living for both parent and child. A parent wanting to move to the next state over in New Jersey could probably create a feasible arrangement where the child sees the one parent every other weekend or something along those lines. When going to court, the parent moving should create a solid case that goes over the need for the move and how moving would ultimately benefit the child. 

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