Divorce Attorney in Nassau County

Can You Move Out Of State With Your Child After Divorce?

When you and your spouse are seeking a divorce, you must always do your best to keep your child’s best interest in mind.  Even if you’re constantly clashing with your spouse, understanding this decision to split up will affect more people than just the two of you can help make the process a bit easier. You must also remember that even if you are awarded full or joint custody of your child, your ex-spouse will most likely still have visitation rights, which can make moving out of state difficult.  When this issue begins to arise in your life, teaming with an experienced divorce lawyer in Smithtown can help to yield the optimal results.  At Simonetti & Associates, we want to represent you to make sure your entire family gets a happy outcome. 

Can You Relocate?

After going through a divorce, it’s natural for you and your spouse to want space between each other.  But what if the parent who receives majority custody is looking to move out of state with the child? If there is a dispute between you and your ex over whether or not this should happen, the decision will be left up to the court.  When it comes to children and divorce, the court will always make decisions based on the child’s best interest. To determine if you or your spouse can move out of state with your child, they will take the following into account:

  • The previously determined custody agreement
  • Why the move would be taking place
  • If moving to another state would greatly disrupt the child
  • Would the child benefit from moving with the parent?

What Does NYS Law Say?

The decision to move to another state can happen for many reasons.  You could be pursuing a new job, or looking to start a new relationship.  However, our divorce lawyer in Smithtown would like to stress that if your ex-spouse contests this move, you won’t be able to do so without first settling the dispute in court. You’ll need to be able to prove that moving out of state will be more beneficial to the child than staying put.  While this is a difficult task to do on your own, the experts at Simonetti & Associates will work diligently to get your desire to relocate approved. 

Simonetti & Associates – A Divorce Lawyer in Smithtown

At Simonetti & Associates, our team has over 75 years of combined experience focusing on divorce and family law.  When you’re looking to move out of state with your child after divorce, you’ll need the proper representation to achieve this.  Our divorce lawyer in Smithtown will be able to paint a compelling picture that your child will be better off with the move to the court, allowing your desire to be fulfilled.  To get this process started, make sure to contact our team today!

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