Putting Together a Relocation Plan

If you have joint or even sole custody of a child, you may not realize that moving is tougher than you thought. Even if you have a strong custody agreement with no radius clause, you may face issues when trying to relocate.

Bryan L. Salamone has handled numerous high-profile relocation cases. In fact, our attorneys are in part responsible for shaping the law as it is in New York. We can use the same skill and commitment to help you gain the right to relocate with your child or prevent the other parent from interfering with your rights by relocating.

Under current New York case law, so long as a parent has not relinquished all parental rights, that parent can contest a custodial parent’s plan to relocate with their child. In order to overcome protests by a noncustodial parent, the custodial parent must have a comprehensive relocation plan that clearly articulates why the move is in the best interests of the child and establishes methods by which the noncustodial parent can continue to substantially exercise his or her parental rights.

Constructing a viable plan can be difficult. Presenting that plan convincingly in front of a family court judge can be even tougher. Many parents make the mistake of attempting to build and articulate a plan by themselves. But whatever plans you make for your life after relocation hang in the balance during a relocation hearing. So make no mistake—you need strong legal representation.