Legal Question in Family Law in New York

Generally, the Courts look to what is in the best interest of the children when determining that issue. For example, let's say the kids see the father 2x a week and they have a great relationship. Now you want to move to Missouri and take the children. You want to move to Missouri solely because your new husband lives in that State. Your move would not be in the best interest of the children and you probably would not receive permission from the Court.

Mike.

In the case of a relocation, the Court must consider what is in the best interest of the child, in terms of the child's relationship with both parents, and the economic benefit of the move for the custodial parent (and by extension, the child). A relocation to a far distance due to a remarriage is generally considered a compelling reason, and in many cases, it will be granted. If the noncustodial parent strongly opposes the relocation, he/she should consider bringing a custody action in the context of the relocation proceeding.

Jackie Harounian