How Can I Relocate with My Child? Relocation Laws in NY

Relocating with a child as a parent can be difficult, especially if your co-parent opposes the proposed relocation. However, successfully relocating can provide you with better opportunities and give your child the resources they need to thrive.

Today, we're taking a look at how child relocation works in New York, so you can understand the process and pursue a positive outcome for your child.

How Do Relocation Cases Work in NY?

A parent can file for a relocation case if they believe relocating is in their child's best interests. Some reasons a parent may want to relocate with their child include:

  • A better job opportunity in another city or country offers a parent a better capability to care for their child;
  • The child would obtain better education by moving;
  • The child's quality of life would improve by moving to a different location.

To determine whether relocating is truly in a child's best interests, the court can consider:

  • The child's relationship with each parent;
  • The emotional physical health of the child and the parents;
  • Whether moving would provide the child with better education opportunities;
  • Whether the relocating parent's stability would improve by moving;
  • The current co-parenting relationship between the parents;
  • How relocating would impact the non-relocating parent;
  • The child's preference, assuming they're mature or old enough to have meaningful input;
  • Any other factors the court would consider important to the case.

If the parents agree that relocating is in the child's best interests, they can draft and sign an agreement stipulating the terms of the relocation. As long as a court approves of the relocation, it will be finalized.

If the parents disagree, the parent who wants to relocate must notify the other parent of their intentions and file a relocation case with a court. The parents will then attend court and present their cases for or against relocation (or have their cases represented by their attorneys). At the end of the case, the court will decide whether relocating is in the child's best interests and make a final judgment.

At Levi Divorce & Family Law Attorneys, we'll work with you to advocate for or oppose a child relocation order.

To schedule a consultation with our team, contact us online or via phone at (718) 215-0121.