Can I Relocate With My Child After a Divorce in New York?

After a divorce, spouses can move on separately with their lives. Sometimes, either party can be presented with a new circumstance that may require them to move, whether it may be for work or personal reasons. This can be an exciting time in their life. However, if they share a child with their former partner, it can complicate the situation. This is because, generally, neither parent wants to be without their child. But if one parent opposes the move, the court may need to settle this issue for them. Continue reading below to learn more and contact an experienced New York family law attorney for help with your case.

How Does Custody Factor In?

In a New York divorce, spouses who have children together must determine custody arrangements for their children. This designates physical and legal custody. Physical custody designates the parent with whom the child lives and spends most of their time with. On the other hand, legal custody determines the influence a parent has in their child’s life. In being granted legal custody, parents have the right to make decisions regarding the upbringing of the child. This can be for matters such as healthcare, education, religion, and even relocation. It is important for parents to always fight for legal custody, as it gives fight for their child in relocation cases.

How is Relocation Decided in New York?

There are cases in which parents are able to work together to settle matters of relocation. However, there are many other cases in which parents do not agree and need the help of the court. During this time, parents are able to plead their case. The parent who wants to move with their child must prove that moving is in the child’s best interest. The parent who opposes the move can argue the opposite. Before coming to a decision, the court will consider the following factors:

  • The relationship between the non-custodial parent and the child
  • The child’s relationship with their extended family
  • The child’s academic and social life
  • The child’s quality of life
  • The reason for relocating
  • Why the non-custodial parent opposes the move
  • How the move may impact the custodial parent’s quality of life

Contact our Firm

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.