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According to Divorce Magazine, it is estimated that 17-25% of custodial parents move out of their previous community within two years of a divorce. 

Do you fall under this category? At the Law Office of Joshua Adam Kittenplan, our firm is frequently asked to advocate for or defend against relocation by a custodial parent with their children. Therefore, our firm understands that moving with children after a divorce isn’t always easy, but it is essential to understand what a court will look at in a child custody relocation case. 

A Judge in New York will look at many factors, including:

  • the child’s relationship with each parent
  • The non-custodial parent’s loss of access to the child
  • each parent’s physical and emotional health
  • each parent’s ability to meet the child’s educational, emotional and physical needs
  • the child’s preference, if the child is of a sufficient age and maturity to give an opinion
  • each parent’s stability
  • the child’s relationship with extended family and siblings that may be affected by custody
  • The good faith of both parents in requesting or opposing the move
  • the parents’ ability to work together in a co-parenting relationship
  • each parent’s willingness to facilitate a relationship with the child and other parent, and
  • any other factor the court deems relevant

How can you prepare for a child custody relocation case? 

The New York City Bar Association recommends that it is usually best for a custodial parent to receive written confirmation from the non-custodial parent stating that the non-custodial parent consents to the relocation, or to secure a Court Order permitting the relocation.

It is also  important to find an attorney in your area who understands your family situation and is readily available to fight for you in your case. 

Located in Nassau or Suffolk County? The Law Office of Joshua Adam Kittenplan is a small boutique law office based in Commack. Ensuring personal level of service and attention, our firm is available to each client to help with pursuing a child custody arrangement that is beneficial for you and your family.

Reach us via email: joshua@kittenplanlaw.com 

Call us directly: (631) 499-0606

New York Attorney Advertising. This is written for general information only. The information presented should not be considered formal legal advice. Prior results do not guarantee a similar outcome

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