Relocation is a tough topic for clients. When we represent clients through the request or objection of relocation, emotions run high and parents have a hard time coming to an agreement. Understandably, those who request a relocation do so with good cause, for the most part. In many cases, relocation would financially benefit one parent because of a new job or a promotion within a company. Also understandable is the objection of relocation. When the noncustodial parent is left facing a future where they do not see their children for weeks at a time or more, it can be overwhelming, sometimes unbearable.
Relocation is also a tough topic for courts. There are no particular guidelines to help courts determine what should be decided. With that in mind, relocation cases are often decided at the discretion of the court, focused on the best interest of the child. For most of these cases, the evidence to support a request to move must be substantial. It must meet the legal standard of the particular judge. The move must be a positive step for the parent, but more importantly, the child. Many times, relocation would impact the academic, social, and even religious life of the child. It would impact continuing, substantial relationships the child has grown accustomed to, especially with the other parent. Because courts believe that each parent should have frequent access to the child, the request for relocation can be difficult to prove.
On the other hand, the objection to relocation can be a tough road to travel. If the custodial parent’s life and the child’s quality of life would greatly improve, a court could determine that relocation is in the child’s best interest and grant the request.
Whether you are requesting relocation or objecting to it, it is important to have quality legal support through the matter. Contact an attorney and get the representation you deserve.
Leslye M. Schlesinger serves Rockland and Westchester County with compassion and integrity. With over 30 years of experience guiding clients through matrimony law, she now focuses on helping clients avoid litigation through alternative dispute resolution, including collaborative divorce and mediation. If you need an effective and committed attorney, contact Leslye M. Schlesinger for a consultation.