Child Custody in New York: Addressing the Hurdle of Relocation

August 31, 2012

When a custodial parent moves from a former residence to a new one, it's referred to in the family-law world as relocation. Custodial parents often want to relocate with their children in order to pursue a better job, be closer to family members or to obtain a fresh start. The decision to relocate is not always left up to the parent that wants to move, however.

Parental Relocation

The best place to start the process of relocation is to review the divorce agreement, child custody plan or judgment of divorce. For example, the documentation may state that if a parent wants to relocate, she or he must provide 45 days' notice. The failure to abide by an existing order may have a negative effect on the request. If relocation is not specifically mentioned in any document, then a parent needs to file a petition with the court where the divorce was obtained or a local family court to ask permission to relocate.

In New York, a custodial parent's request to relocate is reviewed under the same standard as child custody issues, which is the best interest of the child. When deciding a relocation case the court will consider all of the facts and circumstances using certain guiding factors. A few of the factors include:
-Each parent's reasons for seeking or opposing the move
-The quality of the relationship between each parent and child
-The impact the move will have on the non-custodial parent's relationship with the child
-The effect the move will have on extended family relationships
-The degree the child's life will be enhanced educationally or economically
-The feasibility of preserving a meaningful relationship with the noncustodial parent through visitation.


A relocation petition must generally indicate to the court the reason for the relocation. Reasons that are often given include better financial opportunity, education or family members in the new location.

The Effect on the Non-custodial Parent

Often, the sticking point for the court is the effect the relocation will have on the children's relationship with the non-custodial parent. If the move will impact the ability of the other parent to visit with the children, the petition should also address that by explaining how the parent who wants to move will make up the time the other parent will lose with the children.

The issue may be resolved by offering additional time during time the other parent already spends with the children, such as additional time over holiday or school breaks. The argument is that the children and parent would benefit even more from the longer, uninterrupted time. The court may approve of the move if the parent who wants to relocate can demonstrate the move is in the best interest of the children and will benefit their lives for financial, educational or other reasons. Parents should also consider the benefits the children currently enjoy in comparison to the benefits after relocation.

An experienced family law attorney can help a parent considering relocation analyze relevant documents and create the best argument for the move.

Article provided by Solomon and Herrera, PLLC
Visit us at http://www.newyorkfloridalaw.com