Relocation After a New York Divorce | What to Know

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After a divorce, many people make the decision to move. If you and your ex share custody of your child, moving out of state can be complicated. In order to relocate, you will need the permission of your former spouse. If your former spouse does not agree to the move, you will need the permission of a New York court. Read on to learn more about the relocation process.

How Does a New York Court Determine Relocation

It is important to understand that when making a decision about relocation, the court is looking to do what is in your child’s best interests. 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 a higher education that could further you 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 the move will affect the quality of your child’s life as a whole

Our firm can help you provide evidence that the move would be beneficial for your child. Reach out today to speak with an experienced and dedicated family law attorney.


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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