New York & Long Island Divorce Modifications
Judgments of Divorce and orders of the Family Court are intended to be final. However, life situations change, careers change and jobs get downsized. Parents may need to relocate. Children can develop special needs. All of these items involve significant changes that may require the modification of the divorce judgment or court order.
Modifying Court Orders
Courts tend to be reluctant to change court orders. Courts want finality when they make decisions. Should you need to change a court order you’ll need a strong reason to do so.
There are times when relocating to another state, city, county or even foreign country becomes necessary. The reason for relocating could relate to being remarried, changing jobs or seeking better opportunities for your children. When children are involved you cannot just pick up and move the children. You either need consent of the other parent or a court order. Relocation will impact on the non-residential custodial parent’s visitation and relationship with the child or children.
Courts Carefully Review Applications To Relocate Children
When considering relocation applications, the courts will look into how the relocation will benefit the child or children. Should you be the residential custodial parent, the court will look into the impact the move will have on the education, emotional stability and best interest of the children. If the children are doing well and thriving in their current location it may be difficult to convince the court to allow you to move with them.
The court will also look into the nature of the relationships between the non-residential custodial parent and the children. How often does that parent visit? What will be the impact of the non-residential custodial parent’s relationship with the children if they are relocated? The court is interested in maintaining and preserving the existing relationship between the non-residential custodial parent and the children. This can only be accomplished through a modified enhanced visitation schedule. In some situations the moving parent will have to pay some of the costs should airplane fare be involved during a visitation between the children and the non-residential custodial parent.
New York And Long Island Relocation Lawyers
The attorneys at the Law Offices of Schlissel DeCorpo for more than 35 years have represented both men and women involved in relocation issues. Modifying court orders involves a detailed understanding of how the legal system works. Should you have a situation where you have to modify a court order or relocate or you are challenging the relocation or modification of a court order, give the Law Offices of Schlissel DeCorpo a call. We can help you!