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Relocations affect New York families’ custody and vis itation

Reaching an agreement on child custody and vis itation can take quite some time when working through a divorce. It isn’t an easy thing to accomplish and may even require modification post-divorce. For some families in New York, custody and vis itation schedules may need to be changed for relocation purposes.

Good and bad things can be said about relocation. Relocations can provide more employment opportunities, better schools and familial support. However, it also means that one parent will not get to spend as much time with their children. Because of the negative impact a move can have on parental relationships with their children, certain qualifications must be met before a custody modification for relocation will be approved.

Before a relocation request will be approved or denied, the parent initiating the request will have to supply certain information regarding plans and how the move will best serve the children. Being able to give specifics regarding employment, support systems, schools and potential vis itation schedules will help the court make the best decision possible. Personal plans, along with how the relocation will affect children, are all taken into account in these cases.

New York has certain laws in place to protect parents and children in move-away cases. These laws are meant to protect parent-child relationships from a spouse who may try to disrupt that. While moving children away from one parent isn’t an ideal situation, working out custody and vis itation schedules that allow both parents to have access to their children is achievable — if both parents are willing to negotiate and keep the lines of communication open.

Source: The Huffington Post, “Divorce Confidential: Your Legal Rights to Relocate Your Child”, Caroline Choi, Aug. 20, 2014

Source: The Huffington Post, “Divorce Confidential: Your Legal Rights to Relocate Your Child”, Caroline Choi, Aug. 20, 2014

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

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Larkin, Ingrassia & Tepermayster, LLP

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