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If you’re facing a denied child relocation request in New York, it can feel like a major setback. Despite this, understanding the reasons behind such decisions and knowing your options moving forward can help you navigate the next steps.
In this article, we’ll cover the common reasons judges deny child relocation requests, the legal process for appealing a denial, and what evidence could potentially change the court’s decision. If you’re dealing with child relocation being denied in New York, we hope you’ll glean invaluable insight into your legal options.
In New York family court, decisions regarding child relocation are primarily based on what is in the best interest of the child. The court weighs several factors to determine whether moving would benefit the child or not.
For example, in one case I handled, the petitioner sought to move with her child from Brooklyn to Texas, but they had no firm job offer in Texas. On top of this, they had applied for a law enforcement job but hadn’t been accepted, and had no home or apartment lined up. She planned to stay with her brother temporarily until she found a place of her own, and had only visited Texas once before.
The child wanted to move, which made the situation more complicated. However, my client, the father, had a strong relationship with his child and was highly involved in their life. As a result, the petitioner had the burden to show that the move was in the child’s best interest.
After presenting evidence at trial, we were able to prove that the petitioner didn’t meet this burden. There was nothing to show that the child would be better off if the move occurred, even though both the child and the mother wanted to relocate. The end result? The judge denied the move.
It is possible to appeal a denied child relocation case in New York. After the judge or referee makes a decision, you have 30 days to file an appeal. The case would then be sent to the Appellate Division of New York, where both sides would have the opportunity to submit briefs outlining their legal arguments.
Appeals often take time, typically one to two years. It’s important to note that it is difficult to overturn a decision made by the trial judge or referee. This is because the decision is usually based on specific facts, and appeals courts typically only address errors of law. Since the law in relocation cases is clear, and the facts of each case are very specific, it is rare for an appellate court to reverse a trial judge’s ruling.
To begin an appeal, you must complete an RTI form and file a notice of appeal within 30 days of the decision. Failing to file within this timeframe would bar you from pursuing an appeal. After the notice is filed, the case record is assembled, which includes the trial transcript, testimonies, and any evidence submitted during the case.
Once the record is complete, both sides submit briefs that argue their legal positions. After this, the Appellate Division will review the case and make a decision, either affirming or reversing the trial judge’s ruling.
The appeals process can be lengthy, often taking one to two years to reach a final decision from the Appellate Division. This delay is due to the time required to process the case, review the arguments, and make a determination.
The primary evidence in child relocation cases consists of testimony from the parties involved and any witnesses they choose to call. Documentary evidence—such as photos, text messages, or financial records—can also play a significant role.
In a case I handled, we introduced several photographs of the father and his daughter spending quality time together, pictures of him attending school dances, attending family events, and generally bonding.
Additionally, if the child is old enough, the judge may conduct an in-camera interview, where the judge speaks directly with the child to understand their feelings about the move and any other relevant matters.
Appeals in child relocation cases are difficult to win. If you are considering an appeal, it’s essential to discuss the potential for success with your attorney. Appeals can be expensive, and the chances of overturning the trial judge’s decision are slim, especially if the facts of the case are clear.
If pursuing an appeal doesn’t seem viable, another option is to revisit the relocation request in the future. The situation may change in a year or two, and circumstances could better support the case for relocation. It’s possible that a move could be granted at a later date if there are new factors that better align with the child’s best interests.
For more information on child relocation being denied in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (347) 212-5945 today.
Jeffrey Johnson, founding attorney at the Law Office of Jeffrey W. Johnson in New York, has years of experience handling complex child custody and relocation cases. He has successfully represented parents on both sides of relocation disputes, skillfully navigating the emotional and legal challenges these cases bring. Jeffrey’s deep knowledge of New York family law, combined with his proven track record in court, allows him to offer clear, strategic guidance.
If your relocation request has been denied, Jeffrey can help you explore every legal option, starting today.
