Child Relocations

Child Relocations

We can work with you in mediation, collaboration or litigation on your child relocation issues. The standard, if there is not a court order or stipulation allowing for child relocation already in place, is that the custodial parent would need permission from the non- residential custodial parent, or a court of appropriate jurisdiction to be able to move with the child. People that are willing to try to work together on the topic can work out these issues with a trained mediator or with properly trained collaborative law attorneys like Darren M. Shapiro, Esq. Mr. Shapiro knows the case law in New York and how the Family Court or Supreme Court is required to analyze relocation requests. As a lawyer, Darren has argued both sides of the issue. In negotiating or arguing the issue, Darren can illustrate why the best interests of the child or children are in line with his clients wishes.

Although child relocations can be agreed upon in child custody cases, mediations and collaborative divorce cases, if the parties do not agree, then litigation is necessary to settle the matter. Darren M. Shapiro, Esq. is an experienced matrimonial and family law attorney and litigator. The best interests of the children is the legal standard, as it is with most family law subjects, in New York to decide child relocation cases. This office is careful to try to address the relocation topic with mediating couples or with his clients and other parties if he is working as a lawyer. Darren M. Shapiro, Esq. takes great care to properly include language that defines the rights or procedures that need to be followed if the relocation topic arises in the future. Parties to a case are free to agree to define different requirements about child relocations than the default law.  If there is no language about relocations in the court order or settlement agreement, the law is the default law that permission from the other parent or a court needs to given. Darren M. Shapiro, Esq. has litigated and settled many child relocation cases on Long Island, New York City and the surrounding areas.

Different resolutions are explored by Darren with mediating, collaborating and negotiating couples to try to resolve differences about child relocations. As a lawyer, he fights hard to protect the interests of his clients when dealing with child relocation cases. Darren pays attention to the wishes of his clients and applies the law to best advocate for them. Often, this office is successful in resolving relocation issues without the necessity of a trial. Mr. Shapiro, is experienced litigator, however and prepared to try the case if necessary. If the adversary is unreasonable in negotiating, a more aggressive stance can be taken. All appropriate steps will be explored in order to achieve the best results in each case.

Darren has argued and knows the law that a court should apply when deciding relocation requests. These are considerations that can be discussed in a mediation, collaborative law case or settlement negotiations. The New York State Court of Appeals, the highest court in New York, set forth factors that should be weighed to decide a child relocation debate. This office will discuss these factors with you which include the following but are not limited to the following questions. What change, if any, will occur in the relationship between the child and the non-custodial parent if the move is permitted? Are there losses that will happen with the move? Why does the requesting party want to move? Are there benefits to the child if the move is made? Could any harm happen if the move is not permitted? Are there health or financial necessities that dictate the need to move? Is a change of custody to the parent remaining in New York possible? How strong is the relationship between the non residential custodial parent and the children? How connected are the children to the current community? Can the other parent also move? Is each parent acting in good faith in either requesting or opposing the move? Is a meaningful relationship possible with the children and the non custodial parent under the proposed parenting time schedule after the move? What will the effect be on quality of life for the children if the move is or is not allowed? Is the move in the children’s best interests? There are other considerations but these are some of the important issues that this office will explore and emphasize to a court if we need to argue the case.

Darren is suited to mediate, collaborate on your case or represent you in the Family Court or Supreme Court. Mediating couples are invited to take advantage of a half hour consultation free of charge. People that need and want the advice of an attorney are welcome to a free initial consultation in person or over the phone. Feel free to contact us about your child relocation concerns. It will be our pleasure to speak with you about it.

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