Can I Relocate My Child’s Residence?

If you have a child from a marriage or relationship of whom you have custody in New York State, you are not automatically entitled to relocate his or her residence without the other parent’s consent, or a Court Order granting you permission to do so.

When a New York State Court is considering whether or not to permit the relocation, the parent seeking to relocate must show that the proposed move would be in the child’s best interests.

In determining the best interests of a child, the Court will consider factors such as each parent’s reasons for either seeking or opposing the move, the relationships between the child and each parent, how the move would affect the child’s contact with the other parent, how much the relocating parent’s life and the child’s life would be enhanced economically, emotionally and educationally by the move, and how feasible it would be to preserve a relationship between the child and the other parent through, perhaps, revised parenting time arrangements. No single factor is determinative. In cases where the distance is so great as to deprive one parent of meaningful contact with the child, there is a greater burden on the parent who wishes to relocate to show that the best interests of the child would be served by the move.

The best course for any parent planning relocation is to seek the advice of a qualified and experienced custody attorney.