The courts in New York State prioritize the well-being of any minor children involved in a family law case. Therefore, it is up to a child relocation attorney and their client to make it clear how the move will add benefits to the child’s life. For example, if the child has recently been diagnosed with a certain medical condition that requires expensive treatment and therapies, showing how the new location has better-suited medical care is a useful point to make.

Sometimes, a parent wants to relocate for a new job opportunity. While it’s admirable for anyone to chase their career goals, the courts will need to see how the new job brings value to the child as well. For example, if the role pays significantly more than the parent was already making, they could make the case that they will be more equipped to afford the child’s basic necessities while increasing their child support and alimony payments to the other parent.

Preserve and Enhance Relationships

While relocating with your child will likely have no bearing on your personal relationship, there are other stakeholders involved. For example, the child’s other parent, grandparents, and friends they’ve established in the original location are all important to their life. Because of this, the court will need to see a plan for the child to maintain a relationship with all of these other parties.

For example, it would be wise to pitch a specific visitation schedule for the non-custodial parent. Depending on how far away the move is, this plan could also include details on how the custodial parent would take care of the bulk of travel costs. Other relationship-maintaining strategies, like encouraging the use of virtual communication tools, can help a child maintain their bond with friends and relatives after they have relocated to the new area.

Taking the Child’s Preference Into Consideration

If the child involved in the relocation case is old or mature enough to express a reasonable opinion on the move, the court will listen and take this into consideration. While it is often not the only piece of evidence the court will use to make a final decision, it can be weighed heavily in combination with other evidence presented by the parents and their legal teams. The more enthusiastic the child is about the move, and the more opportunities it brings, the more likely your case is to succeed.

If your child does not want to move, it’s still important to give them a voice in the legal process. Just because they do not want to move does not automatically mean the court will not allow it to happen. Rather, it makes the moving parent look more responsible, as they care so much for their child that they gave them space to share an opinion that differs from their own. This can significantly boost how the move looks in the eyes of the court.

Negotiating With the Other Parent

Negotiation skills are imperative when it comes to disputes in court, especially in child relocation cases. For example, if both parents involved try to resolve the issue in mediation sessions to avoid court, they can save themselves time and money as they resolve the case through these third-party-facilitated sessions. A family law attorney can help their clients navigate mediation sessions to close the case as quickly as possible.

However, if your case cannot be resolved through mediation and needs to go to court, these negotiation skills can still be of value. For example, the moving parent and their attorney may present creative solutions, like adjusting the pre-existing child custody arrangement or boosting alimony payments, to help make the move more favorable for everyone involved.

Taking these elements seriously as you begin to plan for your child relocation case can make a difference in how fast you secure the outcome you are looking for. Work closely with your attorney to better understand the priorities of Manhattan family courts. They can construct arguments that are as persuasive as possible.

How to Work Effectively With Your NYS Child Relocation Lawyer

The success of your child relocation case could be tied to the quality of the legal representation you secure. The following tips can help your relocation request be approved while ensuring that the other parent’s legal team does not take advantage of your rights as a parent.

Choosing Appropriate Legal Representation

The more focused an attorney’s education and experience are in this field, the better for your child relocation case. When vetting prospective attorneys for the job, ask how many times they’ve represented clients in similar situations to your own. You’ll want someone who has already brought similar cases to trial and won them on behalf of previous clients and their children. This can give you access to previous lessons learned, which can add value to your own case.

Prepare Beforehand

When it comes to child relocation cases, there is no such thing as preparing too much. Work with your attorney to ensure that all documents and evidence are in order to help demonstrate the merits of your request. This can include the new offer letter you are accepting for work or proof that the new location has better educational opportunities for the child than their current location. The more you prepare, the more confidently you can handle unexpected issues in court.

Prioritize Open and Honest Communication

It’s important to maintain a strong level of open and honest communication with your family law attorney. From the initial consultation to the closing of your case, you should always be on the same page as your legal support. Ensure they are always aware of your short and long-term goals for the case, as well as any specific vulnerabilities that your ex-spouse might try to take advantage of to refute the merits of the move.

Stay Organized

If you and your attorney ever appear disorganized or as if you don’t have the facts of the case in order, this could lower your credibility in the eyes of the court. Be sure to keep detailed records at every step of your case to ensure you are not only on top of the case but steps ahead of where the opposing counsel may be. When preparing for pre-settlement negotiations or court with your attorney, verify that all documents and evidence are well-organized and readily accessible.

How Old Does a Child Need to Be to Express an Opinion on Relocation?

Until a child turns 18 years old, the courts in Manhattan can make legal decisions on where the child will live and with whom. However, this does not mean that the child needs to turn 18 before they are able to express their opinion in court in front of a judge and jury. If a child feels comfortable and ready to share their opinion, be sure to give them space to do so during the legal proceedings. The court will weigh this opinion with the case’s other evidence.

Children’s opinions are to be weighed more heavily when:

• The closer a child is to the age of 18, the more likely the court is to listen to their opinion and weigh it in their decision-making. However, maturity is equally as important. Some 12 and 13-year-olds may appear more mature to the court than their peers who are almost 18. If your child appears as mature as possible in court when giving their rationale, their opinion will be more likely to be considered.
• The court’s largest curiosity when it comes to a child’s testimony is their preference. If they want to move or stay, the court will want to understand what factors are motivating the child to have this opinion. During a child’s testimony, the court also wants to make sure that neither parent unlawfully influenced their child’s opinion or instructed them to make claims in court they don’t personally agree with.
• Finally, the court will look into how strong a child’s relationship is with both parents. In instances where one relationship is significantly lacking in quality when compared to the other, this could help the court make their final decision on the relocation request.

How Does the Court Assess What Is Most Favorable for a Child?

The court will look into different factors to determine what relocation decision is most favorable for a child. For example, they will examine the perceived benefits or disadvantages of the move, including how their living conditions and access to a quality education may change. They will also look into the move’s impact on their familial relationships. If there appears to be more positive change than negative, the request will likely be approved.