Posts Tagged ‘NY relocation custody’

5 Factors New York Court Considers For Allowing Relocation After Divorce

Sunday, March 12th, 2017

Your economic situation after divorce may lead to the decision that relocation is the best option for growth and recovery. If you have recently gone through your divorce, there are laws in place that may prevent you from moving out of New York State. So what are the factors New York Court considers to allow relocation after divorce?

One spouse relocating their residence after a divorce is quite common, but because of the fact that it permanently alters a child’s relationship to each parent, not to mention with local friends and the community, the courts will often review and deliberate to see to it that the child’s best interests are considered and are preserved in the relocation.

And so, I have compiled a basic rundown of how judges tend to decide whether to allow a custodial parent to move with their child or children. Each case carries with it its own circumstances and facts, but the fact remains the child’s best interests are the courts main concern.

5 Factors The Court Will Consider For Allowing Relocation After Divorce

Here is a list of common factors courts will consider:

  1. The reasons for seeking or trying to oppose the move.
  2. The dynamic and individual relationship and connection between the child involved and the parents.
  3. If there is a history, ongoing or otherwise, of a negative relationship between the parent and child.
  4. How the move will affect the child’s other relationships or if the move would prove to be beneficial for the child in multiple aspects of their life.
  5. Does the move have the capability to completely ruin the relationship between child and noncustodial parent? It should be noted however that the custodial parents reasoning for leaving and the potential harm that could happen if the relocation plea is denied.