In Erie County, New York, deciding whether to move with your child after a divorce or separation is never an easy decision. Judges in family law courts must carefully evaluate several factors to determine whether such a move is in the child’s best interest. Relocation cases are complex, and each situation is unique. Understanding what Erie County judges consider when making these decisions is critical for parents navigating this challenging process.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
Tyler I. Wood
Attorney
Marc A. Cangé
Attorney
Teresa M. Cappiello
Attorney
It will provide insights into the legal framework, the child’s best interest standard, and what parents can do to strengthen their case for relocation.
Legal Grounds for Relocation in New York 
In New York, the right to relocate with a child is not automatic, even for the custodial parent. The parent seeking relocation must file a petition with the court, and the judge will evaluate various elements before making a decision. Relocation cases are governed by a legal standard known as the “best interests of the child.” This standard ensures that the child’s emotional, physical, and developmental needs are at the forefront of the decision-making process.
When a parent petitions for relocation, the court must determine whether the move will disrupt the child’s stability and well-being. The judge will carefully assess how the relocation will affect the child’s relationship with both parents, their home environment, and their overall quality of life.
What Judges Consider When Deciding on Relocation
Judges in Erie County evaluate multiple factors before granting or denying a relocation request. The first and most important consideration is the reason behind the move. Courts want to ensure that the parent is not moving simply to disrupt the relationship between the child and the non-custodial parent. The court will look for legitimate reasons, such as job opportunities, family support, or a better living situation, that would benefit the child’s overall development.
Another significant factor is the impact of the move on the child’s relationship with the non-custodial parent. New York courts place a high value on the relationship between the child and both parents, particularly if the child already has a strong and established bond with the non-relocating parent. In such cases, the judge will carefully evaluate how the move might affect visitation, shared parenting, and communication.
The judge will also take into account the child’s age and adjustment to their current home environment. Younger children may have more difficulty adjusting to a move, especially if they are deeply rooted in their community and school. Older children may be more vocal about their preferences, and in such cases, the court may consider their wishes, depending on the child’s age and maturity level.
The Best Interests of the Child Standard
The “best interests of the child” standard is the cornerstone of all child custody decisions in Erie County. This standard requires judges to evaluate the situation from the perspective of the child’s emotional, psychological, and physical needs. The goal is to ensure that the child’s stability is maintained, regardless of the parent’s wishes or the reasons for the move.
Choosing a Divorce Attorney First Step of the Divorce Process Related Videos
The judge will consider factors such as the child’s attachment to their current environment, their academic performance, their social relationships, and their general emotional health. The court will also look at whether the child’s needs will be met more effectively in the new location. For example, if the move offers better educational opportunities, access to family, or medical care, the judge may be more inclined to approve the relocation.
The judge will weigh these factors alongside the parent’s ability to facilitate continued contact between the child and the other parent. If the move would hinder visitation or make it difficult for the child to maintain a meaningful relationship with both parents, the judge may reject the request for relocation.
Factors That Could Affect the Outcome of a Relocation Case
Each case is unique, and many factors can influence how a judge will rule. In addition to the child’s best interests, the judge will also consider the current custody arrangement and the relationship between the parents. If the parents have a shared custody arrangement or if both parents are actively involved in the child’s daily life, the judge will closely evaluate the impact of the move on this relationship.
The feasibility of maintaining the child’s relationship with the non-custodial parent is another important consideration. If the move would significantly reduce the frequency of visitation or make communication difficult, the judge may find that it is not in the child’s best interest to approve the relocation.
A judge will also look at the parent’s history of cooperation and the overall stability of the custody arrangement. If one parent has demonstrated a willingness to cooperate and encourage the child’s relationship with the other parent, this could weigh in favor of the relocation request. Conversely, if there has been a history of parental conflict or one parent has been obstructing the other’s relationship with the child, the judge may be less likely to approve the move.
What to Expect During the Relocation Process
If you are considering relocating with your child, it’s important to understand the steps involved in the legal process. First, the parent wishing to relocate must file a petition with the court. The petition will outline the reasons for the move and the proposed arrangements for visitation and custody. In many cases, the court will require both parents to attend a mediation session to attempt to resolve the dispute outside of court. If mediation is unsuccessful, the case will proceed to a formal hearing.
During the hearing, both parents will have the opportunity to present evidence supporting their position. This may include testimony about the impact of the move on the child, proposed arrangements for visitation, and any other relevant information. The judge will carefully review all evidence and make a decision based on the best interests of the child.
In some cases, the judge may approve the relocation request but modify the custody arrangement to ensure that the child’s relationship with the non-relocating parent is maintained. This could include changes to visitation schedules, travel arrangements, or even the use of technology to facilitate communication.
What Parents Can Do to Strengthen Their Case
If you are seeking relocation with your child, there are steps you can take to strengthen your case and increase the likelihood of a favorable ruling. The most important step is to demonstrate that the move is in the best interest of the child. You should be prepared to present concrete evidence of how the relocation will benefit the child’s emotional, educational, or social development.
It’s also crucial to show that you have considered the impact of the move on the child’s relationship with the other parent. You should present a plan for maintaining visitation and communication that will allow the child to continue to have a meaningful relationship with both parents.
Parents should also be proactive in addressing potential concerns. For example, if the move will result in long-distance visitation, you should present a clear plan for how this will work logistically. This could include arranging for regular video calls, travel arrangements, and other methods of staying connected.
Working with an experienced family law attorney can make a significant difference in the outcome of your case. An attorney can help you navigate the legal complexities of relocation cases, ensure that your petition is properly filed, and assist in presenting the strongest case possible to the court.
Relocating with your child after divorce in Erie County is a decision that involves many legal and emotional considerations. Erie County judges are guided by the best interests of the child standard, and they weigh several factors before granting or denying a relocation request. Understanding these factors and preparing a strong case can increase the likelihood of a favorable outcome.
If you are facing a relocation case or have concerns about child custody, it is important to seek legal advice from an experienced family law attorney. Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. is here to help guide you through the complexities of family law and ensure that your rights and your child’s best interests are protected.
If you are navigating a relocation case or have questions about child custody in Erie County, reach out to the experienced attorneys at Cole, Sorrentino, Hurley, Hewner & Gambino, P.C. for a consultation today.