Often, custodial parents have no idea that one day they would want to relocate, yet years later, they are faced with prospects of a new job, better cost of living or otherwise want to go to Georgia, Florida, North Carolina or Arizona (it seems that each year we have 1 in 50 clients going to each of these states), although we have had clients going overseas and to any one of the 50 states in this union.
Most divorces have a “radius clause” of 35 to 50 miles. Most people feel that if they have sole custody under the Family Court, or if there is no radius clause, they can relocate. Not true. You must present your case under the controlling case law of Tropea v. Tropea. It is very important that you have a plan for the relocation, and that you present your case well through an experienced attorney (Bryan L. Salamone & Associates, P.C.) so that you can prove (1) the relocation will not substantially interfere with the non-custodial parent; and (2) it is in the best interest of the child.
There are very specific points and elements that must be met for you to relocate. Many people attempt to go to Court the first time on their own in a relocation case. Big mistake. If you are relocating and you want to present yourself as a responsible parent, hire an attorney immediately (call us now). We need to speak to you. We have succeeded in hundreds of relocation cases. We have recently won relocation matters in the Appellate Division. We are well-known for our ability to get relocation, and conversely, we can stop relocation, because we know both sides of this complex and evolving legal matter.
