Area of Law:
If I Have Full Custody Of My Child, Can I Move Out Of State?
Filing for divorce in New York involves making custody arrangements that will meet your child’s best interests. However, what happens if you want to relocate to another state?
Free Legal Aid provides useful information about child custody. In addition to the video here, be sure you check out other resources.
In all custody proceedings in New York, the main concern for the court in awarding custody is the “best interest of the child.” The “best interest of the child” test means that the courts are required to balance the ability of each parent to meet the needs of the child or children. check to learn more.
The general test in determining custody in a contest between parents, is the best interest and welfare of the child. Court decisions set forth several factors which are to be considered in determining best interests. check to learn more.
In New York, the laws have provided the criteria that New York Courts are to consider when determining who shall maintain custody of the child after a separation or dissolution of marriage. Some unmarried couples have joint legal custody over their children. check to learn more.
New York child custody laws designate this co-parent to be the custodial parent and the primary residence of the child. New York child custody laws and courts award temporary custody to one or both co-parents after a New York custody case is filed. check to learn more.
A child’s custodial preference for parent A won’t necessarily doom parent B's case. While a judge can consider a child’s parental inclinations, a child’s preference will only be granted if it’s in his or her best interests. This article provides an overview of the impact of a child’s preference on custody proceedings in New York. check to learn more.