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Couples who are planning to cohabitate or marry should consider working with an attorney to draft a premarital or cohabitation agreement to establish a framework for handling financial and property issues that arise during marriage. By addressing these issues early, you may avoid conflict in the future.
Petitions to Move Away with the Children
A parent with primary custody must get court approval to relocate to a distant part of New York or to another state. The non-custodial parent has a right to challenge the petition, setting up a legal showdown.
The law firm of Jonathan R. Sennett, P.C. has represented both sides in litigating disputes over parent relocation, helping to forge solutions or arguing our client's position at trial. Based in Kingston, New York, we handle child custody litigation in Ulster County, Dutchess County, Orange County and the Mid-Hudson Valley. Contact us today to arrange a consultation.
Parent Relocation
The burden is on the custodial parent who is seeking to move away with the kids. The court considers four factors, all centering around the best interests of the child and the harm to the parent left behind:
- Legitimate reasons for the relocation (better paying job, child's schooling)
- The nature of the non-custodial parent's relationship with the child
- The quality and quantity of contact (visitation)
- Enhancement of the child's life and the primary parent's life
There are other factors. Has the custodial parent fostered a healthy relationship — or interfered with visitation or bad-mouthed the other parent? Has the non-custodial parent provided child support? Would the distance create an unreasonable hardship? Is there a hidden motivation for seeking or challenging the move?
If you are requesting parent relocation, Mr. Sennett prepares a thorough petition that addresses all these issues. If you are fighting to prevent a relocation, he works to show that your relationship with your child would be harmed and that your child would suffer for it.
Jonathan Sennett is a savvy trial lawyer with 15 years of courtroom experience. He has practiced in family law since 2002, focused chiefly on difficult custody issues such as parent relocation. He urges clients to settle because anything can happen in court. But he puts clients in a strong negotiating position by being fully prepared for trial.
