Child Relocation Lawyer NYC
Relocation With A Child In Connecticut & NYC
As part of a divorce case, the matter of custody and visitation of any minor children is established at the time of the divorce. The issue of relocation of the custodial parent and the child may arise during the divorce proceedings or it may happen after the final divorce decree has been entered, and be the subject of a motion to the court to get authorization for the move. Regardless, there are a number of factors considered by the court in determining whether a parent can relocate with a child. This is a serious matter for the courts, because the relocation frequently will lead to the noncustodial parent not being able to see the child on a regular basis.
The Attorneys at the Law Offices of Heidi E. Opinsky offers sophisticated and experienced legal guidance, is committed to providing skilled legal services in the practiceof family law and high-net or moderate worth divorce that hopes to exceed the expectations of our clients.Heidi E. Opinsky and her team of legal professionals adhere to the tenets of superior legal representation in order to accomplish the goals of her clients. This is especially true when there are children affected by a divorce.
Factors Considered In A Request For Relocation
Connecticut and New York follow the same general analysis when one parent seeks to relocate with a minor child. The best interest of the child remains the paramount concern. When considering the request for relocation, the court considers the following:
- The reasons each parent seeks or opposes the move
- The nature, quality, extent of involvement and duration of the child’s relationship with the parent proposing to relocate and with the nonrelocating parent
- Whether the relocation is in the best interest of the child; this may include the opportunity for a better standard of living, improved career opportunities for the parent, access to an extensive support system that does not exist in the current location, the education, health and opportunities available to the child or the feasibility of the relocation related to costs and travel of the nonrelocating parent, as well as the financial support provided by either parent, substance abuse, violence and the continuing financial support of the nonrelocating parent, among many other factors
There are situations where the relocation is not going to impact the custody arrangement because the parents already live a significant distance from each other, and the move is not going to impose any new burdens for the visitation between the noncustodial parent and the child. In most instances, a new visitation and access schedule and parenting plan will need to be created.
In addition to the overall analysis performed by the court, the court specifically will examine:
- The parent’s reason for seeking to relocate or for opposing the other parent’s request to relocate
- The nature of the relationship that exists at the time of the request for relocation between the child and the noncustodial parent; a parent who has not made efforts to engage with the child prior to the request for relocation will be viewed as less-than-compelling
- The manner in which the relocation will impact the child’s ability to have an ongoing and meaningful relationship with the noncustodial parent
- The magnitude of the enhancement of the child’s life, paying attention to economic benefits, educational opportunities, community alliances and extracurricular activities and emotional well-being
- The likelihood of being able to maintain a visitation schedule and fostering continued contact between the noncustodial parent and the child that will preserve their relationship
When one parent wishes to relocate with a child, it is important to build a compelling case before requesting the court rule on this serious and complex matter. The best interests of the child remains the most important consideration throughout the decision-making process.
Heidi E. Opinsky Represents Individuals In High Asset Divorces And Custody Disputes
As part of a divorce involving children,custody is a very important consideration. When one parent wants to remove a child to a different location, this is going to lead to disputes in many instances. An experienced and committed divorce, custody and relocation attorney is necessary to get the right results. Heidi E. Opinsky and her team of legal professionals work closely with each client in order to fulfill the needs of the individual and children.
Experienced Divorce And Family Law Attorney Serving Connecticut And New York
If you are facing a situation where you need to relocate with a child or your former spouse is attempting to take your child a significant distance away, it is important to get the right attorney fighting for your interests as quickly as possible. Contact Heidi E. Opinsky today to schedule a confidential consultation. You can reach her online or call her at 203-653-3542. She has offices in both Connecticut and New York.