Preventing Child Relocations

There are remedies available to both sides if the custodial parent seeks to relocate out of New York State with the children. The laws have changed dramatically over the years, but now the court is bound by what is known as the ?best interest? of the children. Most separation agreements or stipulations of settlement contain a ?radius? clause which mandates that the custodial parent not remove the children, on a permanent basis, within a certain number of miles from his or her present residence, without the permission of the non-custodial parent or means permission of the court.

If a custodial parent is seeking to relocate, there must be some showing of good cause as to why such request was made. The courts will not simply look at just one factor, but rather a totality of the circumstances to determine what is in the children?s best interest, being mindful of whether such a move would frustrate the non-custodial parent?s visitation rights with the children. Depending on all of the specific factors that are involved with your case, we can assist you in determining whether or not the party seeking to relocate has met the necessary standards.

In the event that you are a non-custodial parent wishing to prevent your child or children from moving out of state, we can assist you in protecting your rights.

The Courts will not simply look at one factor, but rather a totality of the circumstances to determine what is in the child or children?s best interest, being mindful of whether such a move would frustrate the non-custodial parent?s visitation rights with the child or children. Depending on all of the specific factors that are involved with your case, we can assist you in determining whether or not the party seeking to relocate has met the necessary standards. In the event that you are a non-custodial parent wishing to prevent your child or children from moving out of state, we can assist you in protecting your rights.

Contact us today to discuss your options.

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Mr. Davis has been specializing in the field of matrimonial and family law for over 42 years. Jay builds a relationship with his clients and genuinely cares about them. Please view our testimonials page to read about some of those relationships.
Jay Davis has been nominated as Best Divorce Lawyer on Long Island by Long Island Best for 2017!

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