Parental Relocation

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A common byproduct of custody litigation emerges when a custodial parent seeks to relocate a primary residence away from the noncustodial parent. These situations, which can be critical to the economic survival of the custodial parent, require fact intensive and in depth investigation as well as analysis of the surrounding facts and circumstances. Leitner & Getz LLP has extensive experience litigating relocation applications where the contemplated move is contrary to the best interests of the children and is for the sole benefit of the relocating spouse.

NYC Parental Relocation Attorneys
Leitner & Getz LLP has confronted these custodial parent relocation issues in many of our representations over the years and has succeeded in maximizing our clients’ positions. In one case, after a week-long trial, we succeeded in convincing the presiding judge to adopt and apply a rule of law that we ourselves devised in the first instance. Termed the “commuter distance rule,” this principle holds that parental custodial relocation applications within a reasonable “commuter distance” from the noncustodial parent are presumptively valid, with the burden shifting to the noncustodial parent to prove extraordinary or extenuating circumstances in order to refute the application. Applying the commuter distance rule, the court ruled that our client could relocate with the children from Manhattan to Bergen County, New Jersey.

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