Any custody decision made by the court will boil down to the child’s best interests. When a spouse wants to relocate and keep full custody of the child, this is taking visitation away from the other spouse. The court system generally tries to spread out custody as evenly as possible, so a relocation may be difficult to obtain. Working with a New York City custody relocation attorney like Vivien I. Stark will improve your chances of getting the outcome you desire. The court will consider the following:
The reason a parent wants to relocate and why there is any opposition
How the noncustodial parent will maintain a relationship with the child
If and by how much the relocation will improve the child’s life
The nature of the relationship between the child and each parent
The relationship between the parents and how much the move will negatively affect it
How the relocation will affect the child’s extended family
How the relocation will affect the child’s ability to remain in contact with the noncustodial parent
The court looks at the answers to these questions to determine what is best for the child. As such, it is important to seek effective representation to clearly present your case to the judge. A child custody relocation attorney can help you justify your relocation while still maintaining an amicable relationship with the noncustodial parent. They may also help you work out flexible options beneficial to both parents. The end goal of any good family attorney is to come up with a fair solution mutually agreed upon, all while keeping the child’s best interest in mind. Sometimes this may warrant a change in custody and thus a post judgment proceeding, and other times, it may only necessitate some finagling of visitation rights.