Catharine M. Venzon Divorce Law Blog on Lawyers.com

Within the tumultuous experience of divorce lies the promise of a fresh start. For each parent, a fresh start can mean a new job, new relationship or a new home. For each child of divorce, a fresh start means change, such as life with two homes and a necessarily altered relationship with each parent.

But after the dust settles on a judgment of divorce, a fresh start may too soon return parents and their lawyers to Family Court to argue for the right or the restriction of relocation of a minor child. Complicated factors come into play when the new life one parent seeks is across the state—or across the country.

Best interests factors

While procedural and other information about divorce is available from the court and divorce attorneys, a question about a bid for relocation—if contested by the non-custodial parent—is likely to be answered only through a legal proceeding.

In recent judicial history, the New York Court of Appeals has held that the right of a custodial parent to relocate away from his or her former community, and the non-custodial parent, should be based on the best interests of the child.

Best interest factors are criteria established by the court that apply to questions of initial custody. Some of those custodial best interest factors include the following:

• Overall stability of parents
• Ability of each parent to provide an emotionally nurturing and intellectually stimulating environment
• Ages and preferences of children

When considering the impact of relocation, courts may continue to examine factors that bear on the best interest of children, including the following:

• Reasoning of each parent for, and against, relocation
• Quality of relationship between a child and the non-custodial parent, and impact of relocation on that bond
• Necessity of relocation, for economic, health, relational, or other reasons, including those that bolster and stabilize a post-divorce family unit
• The emotional, academic, social, and physical needs of a child

If considering or resisting a move, consult an experienced custody lawyer. While the findings of a court can establish or deny the right of a parent to relocate with a child, the true best interests of children are served when parents can privately work out agreements that support the new lives—and fresh starts—for all those involved.

Skilled help with divorce in New York

With a wealth of experience in all aspects of child support Buffalo NY, the Buffalo child custody lawyers at Venzon Law Firm, PC offer each client committed and compassionate representation. We assist our clients from the outset of divorce through enforcement of support, custody, and other family law matters. Contact us today.

Venzon Law Firm, PC
300 Delaware Avenue
Buffalo, New York 14202
(716) 854-7888