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New York City Custody Relocation Lawyer

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A girl and boy are sitting inside a cardboard boxWhen parents go through a divorce or separation, they must address several matters to finalize the proceedings and obtain the best possible result for their children.

These matters include property and asset division, child support and custody, and spousal support or alimony.

When these issues are ruled upon by the court, the decision is legally binding. Though parameters can be changed in the future, post judgment proceedings are often lengthy, complicated and need the help of a New York City custody relocation lawyer. Many times, parents of children seek a modification in child custody because one spouse wants to relocate and the other disagrees. Child custody relocation can cause a lot of disputes within a family, and it often calls for the expertise of a family attorney. Attorneys will work to find a mutual solution to the situation and will represent your case in court should the need arise. Vivien I. Stark is an experienced New York City divorce attorney who can mediate the situation and present your case to the court.

Types of Custody in New York

There are four types of custody that parents can have in New York and they include the following:

  • Sole custody: Only one parent has legal custody of the child.
  • Joint custody: Both parents share custody of the child using a schedule that is determined by them or by a judge.
  • Physical custody: This is the type of custody that explains where the child lives most of the time. The non-custodial parent will have a schedule for visiting with the child.
  • Legal custody: This type of custody explains which parent is allowed to make decisions on behalf of the child. The decisions include healthcare, religious beliefs, education, and other important decisions.

When you have questions about your child custody order or about relocating with your child, be sure to speak with an experienced New York City custody relocation lawyer about your case.

How Do the Courts Decide on Custody in a Relocation?

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.

Common Reasons For Child Relocation

The bottom line is that the court will want to ensure you are operating in the best interests of the child and not just your own or your need to punish the other parent. However, there are some common reasons why you might want to relocate with your child in New York City, and they include the following:

  • Received an offer for a better job
  • You are getting remarried
  • You earned a promotion that is to be performed at a different location
  • You want to purchase a new home
  • The town where you want to move to helps you provide a better lifestyle for your child

Why Consult a New York City Custody Relocation Attorney?

If you are looking to relocate with your child or your child is being relocated and you want to maintain your visitation rights, contact the law office of Vivien I. Stark, P.C. today. Her commitment to her client shows in her tireless efforts to find a resolution that is agreeable to all parties. Whether you want to change custody or are simply trying to spend time with your child who has relocated, Vivien I. Stark will fight aggressively on your behalf. She has been recognized by Avvo as a top contributor and New York City child custody lawyer with a superb rating of 10. She is also an accredited member of the Better Business Bureau. Vivien I. Stark serves the five boroughs of New York City and has been practicing family and divorce law for over 30 years.

Questions to Ask at a Consultation With a Child Custody Relocation Attorney

Once you schedule a consultation with a New York City custody relocation lawyer, you need to prepare for the discussion that will ensue. Have a list of questions ready so that you can compile the most information possible to help you make an informed decision. Some questions you should ask the attorney include the following:

  • How often do you help clients who have children with relocating?
  • How long does it take to get the court to approve the relocation?
  • Who else from your firm will be working on my case?
  • Can I appeal the court’s decision if relocation is not granted?
  • What documents do you need from me to help improve my chances of relocating with my child?
  • How often will you communicate with me about the status of my case?
  • Will you handle communication with the other parent of my child and their attorney?

Call a New York City Custody Relocation Lawyer Today

The topic of child custody relocation is a touchy one, no matter how well you get along with your child’s other parent. For this reason, you should always speak with an experienced New York City custody relocation lawyer when considering changing your address. If you are staying in New York, it might not be a problem. However, if you are planning to leave the state, you will need to ensure you are doing everything by the book.

To discuss your needs, please contact us online or call us at (212) 349-1600 to schedule an in office or telephone consultation.

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