This form is a generic petition and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A New York Joint Petition By Custodial Parent and Non-Custodial Parent for Modification of Visitation Rights Allowing Removal of Child from State is a legal instrument filed by both parents in the state of New York requesting a modification in visitation arrangements to allow the child to be relocated out of the state. This joint petition is commonly used when both parents agree on the need for the child to move and the modification of the visitation schedule. In New York, there are different types of Joint Petitions By Custodial Parent and Non-Custodial Parent for Modification of Visitation Rights Allowing Removal of Child from State, including: 1. Dennis v. Simmons Standard: — This type of joint petition is filed in accordance with the principles established in the prominent New York case, Dennis v. Simmons. It outlines the standard whereby the court requires the custodial parent to demonstrate a legitimate reason for the relocation, such as a significant job opportunity or the need to be closer to family support. 2. Best Interests of the Child: — The joint petition could also be filed under the "best interests of the child" standard, where the court evaluates whether the proposed relocation would be in the child's best interest. This involves considering factors such as the child's relationship with both parents, the child's adjustment to the new environment, and the overall impact on the child's welfare. 3. Joint Custody Relocation Agreement: — In cases where the parents have joint legal or physical custody, they can file a joint custody relocation agreement. This agreement sets out the terms and conditions agreed upon by both parents regarding the child's relocation, visitation rights, and possible changes to child support arrangements. The New York Joint Petition By Custodial Parent and Non-Custodial Parent for Modification of Visitation Rights Allowing Removal of Child from State requires a detailed description of the reasons justifying the relocation, such as the new job offer, educational opportunities, or proximity to extended family. It should also include a revised visitation schedule that addresses the logistics of long-distance visitation and any modifications to child support arrangements. It is essential to consult with an attorney specializing in family law to ensure the joint petition is correctly prepared and adheres to the specific requirements of New York state laws. The attorney can guide both parents through the process, helping them understand their rights and responsibilities while aiming to reach an agreement that is in the best interest of the child.
