Suffolk County Divorce Lawyer

Relocation after Divorce

Whether you are the custodial parent or the noncustodial parent, you do have rights. We at Winkler, Kurtz, Winkler & Kuhn, LLP, are experienced in handling relocation issues so that the interests of our clients and their children are served. We are committed to providing our clients with high quality and ethical service. We take personal interest in each case and your concerns will be addressed and the best interests of your children are pursued vigorously.

Divorce Lawyer in Suffolk County and Relocation

After a divorce proceeding is complete, there are various issues that can arise, especially if there are children concerned. During a divorce proceeding, the court works with the parents and their attorneys to work out custody and visitation rights. But what happens if the custodial parent wants to relocate? Relocation can alter the terms of the child custody agreement made at the time of the divorce and therefore is subject to court approval. In New York, parents generally have the right to spend time with their child. However, although the parents do have rights as well, the greatest weight is given to what is in the best interests of the child. In determining whether or not to approve relocation, the court looks at many factors, including:

• The reason for the move and its necessity (remarriage, job relocation, a new job opportunity, health)
• Whether the relocation will improve the economic situation of the custodial parent and child
• How the relocation will impact the child's current life and day to day life, including school, friends and other activities
• If the child has siblings that are not relocating, the relationship of the child with his or her siblings
• The feasibility of preserving the relationship between the non-custodial parent and the child and making suitable visitation arrangements
• Depending on the age of the child, the child's wishes

These are just a few of the factors which may be looked at by the court. As each situation is unique, different factors are looked at in each case.

If you need to relocate, and are either a custodial or no ncustodial parent, contact a Suffolk County divorce attorney in order to protect your rights as a parent.