Once your divorce is finalized, you may begin to think about moving on to a new chapter in your life.  That could be a new job, a new home, being closer to family, or a complete relocation.  If you have residential custody of your children, though, relocation can be complicated, and the ability to do so depends on several critical legal factors.

Relocation Laws in New York State

In New York, a parent with residential custody typically cannot relocate with their child if the move would substantially interfere with the other parent’s time with the child, unless the other parent agrees.   Absent the agreement of the other parent, a Court order would be necessary, which can be difficult to obtain.

When the Court evaluates a relocation request, it generally determines what is in the child’s best interest.  Judges will closely examine how the move would impact the child’s life and relationship with both parents.   The Courts typically believe it to be in a child’s best interests to maintain close and regular contact with both parents.

Factors Courts Will Consider

When deciding whether to allow a parent to relocate with a child, the court may consider:

  • The reason for the move (employment, education, family support, etc.)
  • The child’s relationship with each of their parents
  • How the move would impact the child emotionally and socially
  • Whether a realistic and meaningful parenting-time schedule can be maintained
  • The child’s preference (the older the child is, the more relevant this is)
  • Whether the move would improve the child’s overall quality of life

The parent seeking relocation bears the burden of proving that the move is in the child’s best interests.

Divorce Agreements and Relocation

Some custody agreements may include a relocation clause that restricts how far a parent can move without court approval. Violating this can result in serious consequences, including a modification of custody. You should always review your divorce or custody order and speak with your attorney before making plans to move.

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