What is a Relocation/Move Away Case?

A move-away case occurs when a custodial parent asks for a court order allowing him or her to move with the children a significant distance away from the other parent. In many cases, the move can impact the other parent’s access to the children.  

We recommend that you have an experienced Long Island or New York City move-away request attorney from Barrocas, Mintz, Misuraca, and Record to assist you with making any custody agreement modifications. We understand the intricacies of the New York State Family Code child custody laws and how a move may be viewed by the court.

Relocation/Move Away Cases in New York

Whether the move is near or far, if the move will impact the current custody situation, parents will need new custody and visitation orders. Relocation cases are one of the most difficult decisions a judge has to make and many factors are considered before making a ruling.

In relocation proceedings, the court will primarily be concerned with the effect the relocation will have on the child or children in question. Courts will determine whether to grant a move-away request based on a number of factors, including the following:

• The reason for the proposed move
• The child’s interest in stability and continuity in the custodial arrangement
• The distance of the move
• The age of the child
• The child’s relationship with both parents
• The relationship between the parents including their ability to communicate and cooperate effectively and their willingness to put the interests of the child above their individual interests
• The wishes of the child if he or she is mature enough for such an inquiry to be appropriate
• The current custody arrangement
• Which parent is more likely to encourage frequent and continuing contact with the other parent
• The child’s community ties
• The child’s health and educational needs
• The child’s circle of friends

Whether you are a parent looking to relocate your child, or you oppose the intended relocation of your child, it is essential that you contact a seasoned, knowledgeable New York Family attorney right away to ensure all necessary issues are addressed, and to bring you the best possible outcome for your case.

Barrocas, Mintz, Misuraca, and Record are very successful in Parental Relocation & Move-away cases.  We strive toward a result that is in the best interests of the child and works for all parties involved.