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Relocation

Long Island Child Relocation Lawyer

How Relocation Affects Your Rights

Even after a divorce settlement or judgment has been entered, further issues and complications may arise in the future due to one party's need to relocate. Moving after a divorce can be problematic for the non-moving if that parent has visitation rights or joint custody. Relocating a great distance away from the other parent could make it impossible to honor your divorce order and infringe upon the non-moving parent's rights. In cases such as this, a court order of modification may allow for relocation and a change in the visitation schedule. Hire a Long Island divorce attorney from Samuelson Hause PLLC right away to take the first step in requesting a modification.

On the other hand, you may be a parent with joint custody or a non-custodial parent facing the relocation of the other parent with your child. You have rights that cannot be ignored, so don't hesitate to retain capable representation from one of our skilled lawyers. We will defend against a harmful modification to ensure your ability to maintain your relationship with your children. Contact our offices today to learn more

Child Custody and Relocation

Since the Court of Appeals (the state's hghest appellate court) decided the Tropea case, all child relocation cases have been decided by one uniform principle and that is whether the proposed move would be in the best interest of the children. No longer is it permissible to show that the move would benefit the non-custodial parent financially or that the move was predicated upon a remarriage to a distant state, unless it could be shown that such move would be consonant with the best interest of the children.

For example, where a non-custodial parent seeks to relocate from New York to Florida because her new spouse resides in Florida, that fact in and of itself would not be sufficient absent testimony that the child would in some way benefit from the move e.g. better schools, more contact with the nuclear family including grandparents, or better climate if there is a health issue.

A radius clause forbidding a move to a distant geographical location will not per se block a move, since the violation of the radius clause or even compliance with its terms, will not permit or prohibit the move. If the court finds that such move would nevertheless be in the best interests of the children, they would be compelled to follow the Tropea rule. In the final analysis, results may differ from judge to judge and a consideration of all of the facts of the case.

Consult a Family Law Attorney in Long Island

Samuelson Hause PLLC has more than a century of combined experience in divorce and family law. No matter what marital or family law issue you are facing, we can help. Our firm was named a Tier 1 Family Law Firm by U.S. News and World Report and was selected for inclusion in New York Super Lawyers®. Schedule your initial phone consultation with a member of our firm right away to discuss your legal options. We have helped countless other clients in successful cases, so contact us.

Why Choose Samuelson Hause PLLC?

  • Accredited By the Better Business Bureau (BBB®) for High-Quality, Ethical Legal Practices
  • Included In Best Lawyers In America
  • Top-Tier Matrimonial Law Firm with US News & World Report
  • Three Attorneys Listed in New York Super Lawyers ®

Testimonials

Our Determination & Dedication Is Recognized by Our Clients
    “I highly recommend this firm”
    “Clients I refer to Wendy always come back and tell me how professional she is. She listens to them, provides a caring voice, but is a strong attorney who gets results.”
    Warren M. Bergstein, CPA
    “Respected my wishes.”
    “Wendy Samuelson and her firm are the best around. She really listened to me and respected my wishes on how I wanted my divorce handled.”
    G. Brill, LCSW
    “Efficient workplace.”
    “Divorce is a horrible time in anyone’s life. It is filled with stress and life-changing decisions Samuelson Hause PLLC is a law firm that gives you the information and confidence to make the right decisions.”
    Michael Creagh
    “You're really the best.”
    “Dear Wendy, I want to thank you a million times from the bottom of my heart for your endless patience and willingness to look out for my welfare even though I was often too willing to bury my head in the sand.”
    Dr. A.R., Surgeon
    “Wonderful”
    Very tough divorce case but Wendy and Anna assisted me in every way possible and are wonderful people to talk to!
    Todd
    “Words cannot even describe what peace of mind you have provided me to move forward with my life!”
    “I almost never leave reviews so that means a lot that I am leaving one here for Wendy Samuelson. I cannot say enough positive things. I went into the consultation with trepidation of my situation and she gave me the factual reassurance I needed. She advise”
    Tara G.
    “Gratitude!”
    Gratitude- This is what I'm filled with as a result of Wendy and Anna handling my divorce. Expertise combined with warmth and humanity made what was the most difficult time in my life conclude most satisfactorily! No small feat in a divorce proceeding!
    Jorden Weiss
    “Great choice!”
    “The entire team at Samuelson Hause PLLC, worked respectfully hard with very limiting deadlines, accomplishing so much with the utmost confidence. Despite such a hard time with difficult decisions, I made a great choice in working with Wendy.”
    Bart Tarulli, CEO of Rejuvenol
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Reasons to Choose Our Firm

  • Two of Our Attorneys are Members of the American Academy of Matrimonial Lawyers (AAML)
  • Accredited By the Better Business Bureau (BBB®) for High-Quality, Ethical Legal Practices
  • Included In Best Lawyers In America
  • Top-Tier Matrimonial Law Firm with US News & World Report
  • Three Attorneys Listed in New York Super Lawyers ®
  • AV Preeminent® Rated by Martindale-Hubbell®, the Highest Rating in Legal Ethics & Professional Practice