Rated Top Manhattan Divorce Attorney: Why Relocating During Covid-19 May Be Much More Difficult than It Seems
Throughout the last year, New York City witnessed a rapid decline in its population as residents fled to different cities and States seeking larger homes, cheaper costs of living and perhaps even a greater quality of life/
While all of this seems opportunistic and worth taking advantage of – especially in light of the pandemic, it also has its drawbacks, particularly in cases where shared custody is involved and one party does not have the ability to relocate as freely and easily as the other party. Therefore, this might not be something as easily achievable for either party, but even more so when the custodial parent is seeking to relocate to a different State far away from the non-custodial parent.
According to Andriana Toscano, Rated Top Manhattan Divorce Attorney, Courts are generally reluctant in allowing parents to move out of state with children if it will interfere with the child’s relationship with the non-custodial/non-relocating parent. If the non-relocating parent does not agree to the custodial parent relocating out of state with the children, and the custodial parent still wants to pursue this option, a Court will hold a hearing and analyze various factors to make its decision such as whether or not relocation will interfere with the child’s relationship and access with the non-relocating parent, the state relocating to, access to better education, other family members who reside in that state, etc. Courts rely on the factors set forth in the Tropea v. Tropea case.
Courts will make a decision based on the weight of all facts and circumstances and whether relocating will be in the best interests of the Child. Therefore, as one can see, it becomes more difficult to achieve if the parties are unable to come to an agreement on relocation. Being a NYC Divorce attorney, we have witnessed first-hand as to why relocating may seem ideal in theory, but difficult in practice, especially in situations involving separated parents.
Andriana Toscano is a Rated Top Manhattan Divorce Attorney at the Kleyman Law Firm. The Kleyman Law Firm is located at One Rockefeller Plaza, 11th Floor, New York, NY 10020 and accepts cases in Queens, Brooklyn, Manhattan, Bronx, Staten Island, Westchester and Long Island. For more information visit www.NYC-DivorceLawyer.com or call (212) 401-1977.
