Relocating out of New York State With my Child After Divorce

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Relocating out of state with your child can be complicated. As a result, it is important to fully understand the process and the laws surrounding relocation. Read on to learn more about New York’s child relocation laws.

Can I relocate with my child out of state?

In order to move out of state with your child, you will need permission from your child’s other parent. This can be difficult to obtain, as many parents do not want their children to move far away. If your ex will not give permission, you will have to obtain permission from the court. For a court to approve, a judge will require various forms of proof that the move is in your child’s best interest. To prove that the move is both necessary and beneficial for your child, it is important to work with a skilled family law attorney.

How does a court determine relocation?

When determining whether you can move with your child, courts will first consider the circumstances of your request, and whether your request is a legitimate one. Some reasons for moving that have granted court approvals in the past are as follows:

  • Seeking to move closer to the child’s extended family
  • Requiring crucial medical treatment
  • Seeking to move to keep your family safe
  • Moving in with a new spouse
  • Moving for a higher paying job, or attend college, university, or pursue higher education that could further your and your child’s economic opportunities

Additionally, as New York courts are primarily concerned with your child’s well-being, they may also consider the following aspects of the move:

  • Your child’s preference, if he or she is of age and maturity
  • Your reasoning for the move, as well as your former spouse’s reasoning for rejecting the move
  • Whether your child will have an improved educational, social, or economic situation
  • How to the move will affect the quality of your child’s life as a whole

If you have any questions or concerns about relocating with your child after a New York divorce, our firm is here to help. Reach out today to speak with an experienced family law attorney. We are here to advocate for the needs of you and your child.


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.

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