Child Custody Lawyer Huntington, NY – Long Island
When undergoing a divorce, matters of child custody are often both parent’s main concern. Sometimes, one parent wishes to relocate with the children without the other parent’s consent. Fortunately, New York State has strict rules and regulations when it comes to a divorced parent relocating with their children.
If you are a recent divorcee, and your spouse threatens to remove your children from the state without you consent for them to do so, they are in the wrong. New York State does not allow this unless both parents agree, or a court grants the other parent permission to move to a specific location. If they violate this law, you are entitled to pursue legal action against your spouse, as they are your children as well.
If you are on the other end of the dilemma and wish to remove your children from the state, it is important to involve your ex-husband or wife. A meet outside of court to change the terms of custody can be a huge step forward in the matter. If time allotted for visitation, phone calls, and other kinds of contact is pre-determined, there is less of a hassle in court. It is also important to set pre-determined custody during school vacations. The judge has to approve of this agreement, and once it is signed, it is a binding contract. Any breach of this can result in legal action as well.
If an agreement can not be reached, a court will have to approve of the relocation without the second parent’s consent. This is much more difficult, as several more factors come into the picture. The relocation must be proven to be in the best interests of the child. This could involve an abusive or neglectful spouse, or poor living conditions. Another factor that is beneficial to the cause of the parent who wishes to relocate is an improvement in the quality of life of the child as the reason for your relocation. An example of this would be your a higher paying job in a different area, or a better school district for your children.
It is in the best interest of both parties to remain civil towards each other, as if a court determines that one spouse is relocating just to hurt the other, the ruling will not be in their favor. If an agreement can be reached ahead of time, a court date might not even be necessary. If you wish to relocate with your children, or your spouse is doing so without your consent, Simonetti and Associates are available to provide you with most professional and successful legal defense in the area.
Voted Long Island’s Best Divorce Lawyer with over 30 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call (877) 385-2560.