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Child custody and parental relocation

On Behalf of | Jan 13, 2023 | Child Custody |

If you are a custodial parent in New York who is thinking about moving with your child, you should become familiar with the applicable state laws. Relocation is not as simple as packing up and moving when you have children and the non-custodial parent is involved. There are rules and processes that must be followed to ensure you do not get in trouble with the court.

Check your child custody agreement

You and your child’s other parent might have addressed relocation in your child custody agreement. This might include where and under what circumstances you could move with your child. It might also include information as to each parent’s right to move. However, you will still need the court’s approval to move. If you do not have an agreement that addresses relocation, you will need to petition the court for permission and receive a new custody order.

Court considerations regarding relocation

Before a court grants permission for a custodial parent to move with their child, they will consider several factors. These include:

  • The relationship of the child with each parent
  • Why the parent wants to move
  • The possible benefits for the child’s future from the relocation
  • The possible effects of the relocation on the child’s relationship with their other parent and any siblings

Concerns about negative effects

Major concerns about relocation often revolve around the child’s relationship with the non-custodial parent and how this will be impacted by the move. Relocation can potentially threaten the bond between the child and their other parent because it might limit how often they can see each other and spend time together.

The court will make its decision based on the best interests of the child. Parents can also come to an agreement about relocation, including a new visitation schedule, to bring to the court for its approval.