Do I Have the Right to Relocate With My Child During the Coronavirus Pandemic?

There have been many unprecedented changes made in the state of New York and the rest of the country as a result of the Coronavirus pandemic. Under the circumstances we are living, families are looking for ways to protect themselves and their children. Many people are even considering moving to another state, as New York has become the center of the pandemic within the country. When facing these situations, it is important for parents who share custody of their child to consider New York’s relocation laws. Continue reading below and contact an experienced New York family law attorney to learn more.

What are New York’s Relocation Laws?

Divorced parents who wish to consider relocating with their child cannot do so without the permission of either the parent or the court. In the event that the other parent opposes the move and wants their child to stay put, the parent who wants to move is required to obtain a court order that allows them to do so. Under no circumstances should the parent move without permission, otherwise it can cause complications with their right to have custody

When opposing couples present their case to the court, the judge will consider a variety of different factors in order to determine if moving is in the best interest of the child. This can include:

  • Whether the parent is moving to live with a new spouse
  • Whether the parent is pursuing higher education or a new job
  • Whether the parents is moving to significantly improve the quality of their family’s life
  • Whether the parent is moving to keep the child or family safe
  • Whether the parent or child is in need dire medical treatment
  • Whether the parent wishes to move closer to their extended family

In addition to this, the court may consider additional factors, such as: 

  • Whether the child has a preference, if he or she is mature enough to make that decision
  • The reasoning for the move, or the former spouse’s reasoning for opposing the move
  • Whether the former spouse is capable of relocating as well
  • The opportunities available for the child in the new location
  • How the move will overall affect the quality of the child’s 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.