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Spousal & Child Relocation Attorney

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Home > Practice Areas > Spousal & Child Relocation Attorney

Helping Fathers With Relocation Cases

In today’s mobile world, a custodial parent may seek to relocate with a child to other cities or states due to career or job obligations, remarriage, or for other reasons. If you need legal assistance to assert, or defend against, a relocation request, you can get capable legal counsel from us at Dow Divorce Law.

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Spousal Relocation After a Divorce

Courts must decide relocation requests on a case-by-case basis, always bearing the child’s best interests in mind. If a custodial parent wishes to relocate to have a better life because of a better job, or remarriage, this must be weighed against the non-custodial parent’s right to maintain a sustained relationship with his or her child. Each relocation request must be considered on its own merits, with all of the relevant facts and circumstances presented and an emphasis on how the outcome will affect the child or children involved.

The courts will examine a number of factors when deciding relocation requests, including the reasons for the request, the reasons for opposing the relocation, the relationships of both parents with the child, how a relocation will impact the relationship with the non-custodial parent, how the relocation will impact the life of the child and the custodial parent both financially and emotionally, and whether the child and the non-custodial parent can maintain a long-distance relationship through visitation.

Need Help With Child Relocation Laws? Contact Us To Learn More

As NY and NJ divorce and child custody lawyers, we are well versed in all of the legal ramifications of a potential relocation. We will sit down with you in a confidential Legal Strategy Session to advise you on this matter and represent you in any application made to the courts to request or oppose relocation.

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Have Questions? We Have Answers!

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Do I Need to Live in New York to File for Divorce in New York?

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Before you can obtain a divorce in New York State, you must meet one of the following residency requirements:
  • The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing.
  • The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing.
  • The cause of action occurred in New York, and both parties live in New York at the time of filing.
  • Either party has lived in New York for two years or more prior to filing.
The court cannot maintain jurisdiction over a divorce action unless one of these five residency requirements exists. Any challenge to residency must be raised during the divorce proceedings, and will not be entertained post judgment.

Why Choose Certified Financial Litigator?

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A CFL is not just an attorney; they are professionals who have undergone extensive training in handling the financial aspects of legal issues, especially those related to divorce and complex financial matters. Certified financial litigators have completed comprehensive training and achieved a passing grade on the CFL Exam, ensuring they are well-versed in all aspects of financial law. Choosing an attorney with a CFL certification means you're opting for an expert with a deep understanding of financial issues that may arise during legal proceedings. These attorneys can provide advice and guidance based on a thorough knowledge of financial concepts and regulations.

Can I Start a Divorce Against My Spouse When I Reside in New York, but My Spouse Does Not Reside in the Country?

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The short answer to this question is, generally, yes, however, this is a complicated issue and it is important for you to speak with an experienced attorney about the issues of service of process on your spouse pursuant to international law. When the country in which your spouse is to be served is a signatory to the Hague Service Convention, the documents to be served will need to be translated into the official language of that country and presented to a Central Authority authorized to effectuate service in that country. This is often a lengthy process, which includes the translation of legal documents, shipping of those documents abroad, and locating your spouse. Attorney Dow has experience organizing the service of international process and welcomes the opportunity to help you serve your internationally located spouse.
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