Move-away Cases

Move-Away Cases Attorney in Suffolk County

Moving away may be difficult for anybody, but it is more so if you are a divorced or separated parent. Moving might modify the terms of your Child Custody Agreement, and the court must approve any changes. If you are thinking of relocating or are a noncustodial parent strongly opposed to your child transferring, you should immediately contact a Suffolk County move away cases attorney.

When you call a move-away cases lawyer, you are taking an essential step toward finding a constructive solution that works for everyone. It is strongly advised you consult with a child custody attorney with knowledge of move-away processes. Donato Law office has assisted clients across New York. Our law firm can help you and your family right now.

Why Do I Need a Move-away Cases Attorney in Suffolk County?

Moving is one of the most challenging issues for a court to hear. No rules or computations provide a clear answer to what will happen. The court will always act in the child’s best interests, and their decision on relocation is somewhat subjective. It is difficult to persuade a judge that relocation is the best option.

You can discover how to submit your case to the New York family court by calling a Suffolk County move-away cases attorney at Donato Law. They may help you through the procedure while warning you that the court will prioritize the child’s well-being over your own. We provide a free consultation.

Choosing a Move-away Cases Attorney in New York

  • Knowledgeable in move-away cases. Consider specialization and experience while seeking the finest moving-away attorney to represent you. Our law office and family law attorney are knowledgeable in child support enforcement issues, which assist us in providing you with the best answer possible for your case. Schedule an appointment with our moving-away attorney immediately!
  • Has a great understanding of Jurisdiction Laws. Land limits differ significantly across states. In this case, a move-away cases attorney familiar with local laws is your best choice. It makes sense in Suffolk County to employ an attorney knowledgeable about New York child custody law and how to achieve the best possible result.
  • Considers your financial situation. Hiring an attorney is usually rather costly. Consider your financial situation and what you can and cannot pay when choosing the sharpest moving-away counsel. Donato Law represents clients in Suffolk County in family law matters, including moving away, a child custody matter, divorce, and property division. We understand the difficulties that might emerge when you require expert legal counsel but cannot afford it. As a result, we provide competitive pricing and a range of payment methods.
  • Compassionate. Cases involving children and moving away are typically distressing. A move-away cases attorney who understands this and what is at risk for your family may be your best option. Survival in these settings necessitates compassion. Because of our years of expertise, you can be confident that our divorce attorney understands what parents and their children are going through during these trying times. We are here to assist you.

What is a Move-away Case in Suffolk County, NY?

A move-away is a custody issue in which two parents argue over what will happen to their child(ren) when either parent relocates, and there is an existing custodial arrangement.

For example, they may have a schedule, and the parties may have been separated for a few years or even a few months, yet they have an existing de facto or status quo custodial connection. The arrangement, or joint custody relationship, maybe 50/50 or 80/20. It might also be a specific number of days throughout the week and alternating weekends rather than a percentage of the time.

When the children are younger than minor age, it is best from a psychological development standpoint for a shared arrangement to offer more time to the parent who can be home and care for them (if such a circumstance exists).

Whatever the very valid and suitable rationale for the existing arrangements, whether by court order or not, the court (or the parties) will rule that the present arrangement is in the child’s best interests. A move-away case is a significant undertaking that occurs regularly. That frequency is increasing due to current societal mobility, economic uncertainty, the ability to find more “virtual” employment opportunities, new long-distance relationships, and ever-changing migration patterns.

What is the Difference Between a Move-away Case and a Visitation Case?

Parenting time or custody time (sometimes known as “time-share”) is a strategy for how parents will spend time with their children. This is sometimes known as “custody time,” “visitation,” or something similar. It is a term for the time a child spends with each parent. Such court rulings differ based on the best interests of the children, the parent’s financial position, and other variables. It is not a custody matter if the case involves minor scheduling modifications. It is called a time-share situation, which is often easier to resolve since there is no significant change in a custody arrangement.

In-State Move vs. Out-of-State Move

The distance of the transfer is crucial for practical and financial reasons.

In-State Transfer

A parent requesting an in-state move may have an easier time convincing the court that the gap will not cause undue hardship than a parent asking for an out-of-state move.

Travel expenditures (e.g., flight, hotel) are taken into account. Another factor to consider is whether the child will travel to reside with the parent or the parent will go to visit the youngster. In certain circumstances, the age of the kid who will travel is also considered.

Out-of-State Transfer

If an out-of-state move is anticipated, the move-away parent must consider extra concerns when preparing to address the court. Concerns regarding travel costs and who will pay for them must be addressed. Also, who will travel, how and when, and how will the parents handle any modifications to the trip plan caused by weather, illness, or other unanticipated obstacles? Similar concerns apply to in-state movements as well.

What are the Relocation Laws in New York?

The state of New York requires approval from the other custodial parent or the court for a parent to relocate out of state with a child. If the other parent objects to the relocation, the moving parent cannot just depart with the child. They must acquire a court order instead. If a parent disobeys this legislation and moves, their custody rights may be jeopardized. When a case is filed in court, the judge will evaluate several elements to determine if the child’s relocation is in their best interest.

The factors that the court will consider but are not limited to:

  • The reason for the relocation. The cause for the move has played a significant role in the court’s decision to approve the motion. Even a good-faith relocation, however, might be impeded by the move-away parent’s previous actions toward the noncustodial parent.
  • The age of the kid. The younger the child, the more destructive a transfer may be. Young children are unable to understand the notions of time and space.
  • The distance of the move. Will the needed time and travel expenses be prohibitively expensive for the stay-at-home parent? Will this affect the parent’s capacity to spend time with the child?
  • Current custody arrangements. This includes both legal arrangements and the actual timetable.
  • Desires of the kid. If the child is mature enough to express themselves, the court may seek their view. The connection between the parents includes present and past levels of cooperation and the desire to co-parent and grant access to the kid.
  • Relationship between the kid and both parents. Is the child more connected to one parent than the other?
  • Employment history and capacity to care for the child. Does the absent parent have the emotional, mental, physical, and financial resources to care for the child?
  • Domestic violence and/or child abuse. The parents’ behavior is considered.
  • Drug or alcohol abuse. Both parents’ behavior is taken into account.

While the list is broad, it is not exhaustive and has limits. The best interest criteria, for example, do not consider a parent’s sexual orientation, immigration status, or religious beliefs deemed damaging to the kid. Furthermore, a parent’s physical handicap is insufficient on its own to reject custody in a move-away case. In essence, the courts prioritize the child’s health, safety, and welfare when deciding the outcome of a move-away case, and the court has extensive authority in reaching that determination.

Do Move-away Requests Consider the Child’s Best Interests?

All jurisdictions exhibit varied sentiments about whether children should be transferred away from one of their two parents when applying the best interests of the kid criteria. Courts have considered parental happiness, assuming this aspect will eventually benefit the child. However, courts consider the options that would have the most negligible impact on the child’s psychological well-being and development.

In that event, many countries place a high burden of evidence on the relocating party to demonstrate that transferring is in the child’s best interests. When using the best interests of the child criterion, all countries have differing views on whether children should be moved away from one of their two parents. Courts have evaluated parental happiness, reasoning that it will benefit the child in the long run.

On the other hand, courts consider the possibilities that will have the slightest influence on the child’s psychological well-being and growth. Hence, many nations set a high burden of proof on the relocating party to establish that the transfer is in the child’s best interests.

Call our Move-away Cases Attorney in Suffolk County Now!

Moving away significantly impacts all family members, especially those closest to us and, most importantly, our children. As you navigate the complexities of legal documentation and courtroom requirements, you must have a knowledgeable family law attorney.

At Donato Law, we work hard to ensure that your relationship with your children is protected and maintained after the separation or divorce process is completed. Contact us today for legal representation – we would be happy to answer any questions you may have.

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