One of the most challenging issues that may arise post-judgment is a request by one parent to relocate. Under New York law, a parent with minor children cannot unilaterally move states—or even counties in New York depending on the distance—without filing a motion requesting permission from the court to relocate. The parent seeking to relocate carries the burden to prove that the move is in the child’s best interest of the children. When assessing whether the proposed move is in the best interest of the children, court consider:
o Each parent's reasons for seeking or opposing the move;
o The quality of the relationships between the children and the custodial and noncustodial parents;
o The impact of the move on the quantity and quality of the children's future contact with the noncustodial parent;
o The degree to which the custodial parents and children's life may be enhanced economically, emotionally and educationally by the move; and
o The feasibility of preserving the relationship between the noncustodial parent and children through suitable visitation arrangements of me and selecting the options from the toolbar.
Whether you are a party seeking to enforce the terms of a judgment or settlement agreement, seeking to modify the terms, or seeking to relocate, Andrew T. Coyle has experience representing parties in various types of post-judgment applications.