Child Moving

When Can a Parent Relocate with a Child in NY?

When Can a Parent Relocate with a Child in NY?

After divorce, both parties will move on with their lives, which may include making the decision to relocate for a better job opportunity or quality of life. While relocating can be an exciting time in an individual’s life, it can get complicated if he/she shares custody of their child. Typically, a parent would like their child to relocate with them; however, this may not be possible if the other parent opposes the move. Today, we discuss when it is possible for a parent to relocate with their child in New York State.

Frequently Asked Questions About Relocation in New York

During a divorce, a custody arrangement is established for the couple detailing each parent’s right to physical and legal custody. Physical custody refers to a child’s custodial parent, which dictates where the child lives. If you do not have physical custody of your child, you cannot fight for the child during a relocation case.

When Will the Court Permit Relocation?

New York State does permit relocation of a child if it is found to be in the best interest of the child. To determine this, a judge will need to consider the following factors:

  • Reason(s) for relocating
  • Reasons why the non-custodial parent is against the move
  • How relocating could impact the custodial parent’s quality of life
  • Relationship between the non-custodial parent and the child
  • Child’s relationship with their extended family
  • Child’s school and social life
  • Child’s quality of life

It is important to note that the other parent can argue their opposition to this relocation in court, which is why it is encouraged to consult with an attorney about your child custody relocation case.

When Will the Court Deny Relocation?

The court will not allow relocation if one parent wishes to relocate out of anger to upset their co-parent. Additionally, a sudden move done on a whim is not likely to convince the court either. The court could also deny a relocation if it finds the move to be against the best interests of the child. For example, if the child is close with both parents and moving him/her away would negatively impact the child’s mental wellbeing, the relocation could be denied.

What Are Some Reasons for Relocating?

A parent could relocate for any reason that might improve the quality of their life including but not limited to the following:

  • Remarriage
  • Better job
  • Promotion
  • Ability to better provide for their child
  • New home

If you require assistance with your relocation case, contact our office online to schedule a consultation.