Long Island Divorce Lawyers Manage Post-Divorce Child Relocation

Helping families in transition achieve their objectives within the law

All across Long Island and the country couples divorce, in part, to reclaim the freedom to exercise their own prerogatives, but find they’re still bound to their ex through their children. When one ex-spouse receives an attractive out-of-state opportunity, the prospect of a move that violates their custody agreement invites stress for them and the children. Since 1990, Simonetti & Associates has helped many divorced parents secure permission to relocate with their children. We have also helped noncustodial parents exercise their rights to object to their former spouses’ plans to relocate. Our divorce attorneys know the law regarding relocations and the factors judges consider when deciding whether a custodial parent can move away with the children.

When do the courts allow relocation?

When a noncustodial parent objects to the custodial parent’s planned relocation, the court may allow it if the move is reasonably necessary and is likely to promote the best interests of the children. The parent with custody who plans to relocate with the children must present sufficient evidence to support these requirements. Factors that courts consider in deciding whether to allow relocation include:

  • Improvement in the child’s living circumstances: A move may provide a better home, safer neighborhood, better schools and greater opportunities for enrichment activities.
  • The child’s preference: Depending on the child’s age and maturity, a judge may inquire whether the child prefers to live with the relocating or the non-relocating parent.
  • Distance between new home and old home: A court considers the hardship the move might cause the non-relocating parent with maintaining meaningful contact with the children.

The judge weighs facts in favor and against the move to determine whether relocation is in the best interests of the child. A knowledgeable divorce attorney understands how to present relevant evidence in support of your position in the case.

Cost-effective solutions that benefit both sides

Fighting for or against a proposed relocation can be costly and frustrating. Simonetti & Associates is sensitive to your need to assert your parental rights without causing undue financial hardship. We’ve had success negotiating and mediating mutually beneficial solutions such as time-sharing agreements that allow custodial parents to take advantage of their opportunities without depriving the noncustodial parent of meaningful time with the children.

Call our Long Island law firm today for a complimentary case evaluation

For all your child custody issues, Simonetti & Associates provides quality legal representation at a lower cost. At our main office in Woodbury and our second office in downtown New York, we keep flexible office hours to accommodate your busy schedule and even return your calls after business hours. Call 877-385-2560 or contact us online to arrange a free consultation.