Do I Need Permission to Move Away with My Child After My Divorce?

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Child custody is notorious for being a hotly-contested divorce-related issue, as it is difficult to have to share parenting time with your former spouse. This is why, if you wish to move away with your child, this can become all the more difficult. In a worst-case scenario, your former spouse can take legal action to block you from doing so. Continue reading to learn whether you need permission to move away with your child after your divorce and how an experienced Long Island relocation lawyer at Peter V. Mandi & Associates, Inc. can help present your case to the New York courts.

Do I need court approval to move away with my child after my divorce?

If you are looking to move a short distance away with your child, then this will likely not raise an issue in your child custody settlement agreement. However, if you are looking to move a great distance away, then this is likely when the New York courts will have to get involved. This is because such a great distance can restrict your former spouse from parenting or otherwise visiting your child as much as your agreement permits.

How will the New York courts determine whether I can move away with my child?

Before all else, the New York courts will base their decision on the best interest of your child. With the circumstances of each request being different, the courts will consider a unique combination of factors to decide whether your request is a legitimate one. Such factors may include, but may not be limited to, the following:

  • Your reasoning for the move.
  • Your former spouse’s reasoning for rejecting the move.
  • Whether you will be moving in with a new spouse.
  • Whether your move is for your child to be closer to their extended family.
  • Whether your move is for your child to receive crucial medical treatment.
  • Whether your move is for your child to remain safe and away from your dangerous former spouse.
  • Whether your move is for a higher-paying job or to pursue a higher education that will improve your child’s economic opportunities.
  • Whether your move will improve your child’s educational and social opportunities.
  • Whether your move will improve your child’s quality of life.
  • Your child’s preference, if they are of a mature age.

If you require assistance with ensuring that you receive the court’s approval for your move with your child, you must not look any further than a skilled Suffolk County child custody lawyer. Pick up the phone and give us a call today.


If you require strong and dedicated legal representation through a divorce or family law matter in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today.

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