The divorce proceedings are over and you just want to get on with your life.  You have custody of your child/children and you’re ready to move forward . . . literally.  An opportunity has arisen and it means relocating, your child/children will receive enhanced educational advancement elsewhere, you are remarrying, you just need to get away from your current surroundings . . . whatever the situation, relocating with children after divorce can be challenging.  After-all, the noncustodial parent will be affected by your move and will likely have lots to say about.  It is highly probable that the matter will go before a family court and you need to realize that they take this matter very seriously, so you’re going to need very persuasive grounds for the move.

As the Custodial Parent Can I Relocate with My Child?

We don’t need to tell you that relocating with your child is going to have far-reaching effects on the child/children and their relationship with, and access to, the noncustodial parent. Simply having custody doesn’t necessarily entitle you to relocate with them. If a noncustodial parent raises an objection you will likely need to return to court and file a petition to relocate.

Due to the potential impact of relocation on the child/children, New York courts will not grant you the right to relocate with the child/children without careful consideration of the potential effects the relocation will likely have on the child/children’s welfare.

Factors to Consider

• Is there a relocation clause in divorce/custodial agreement
• Motivation for relocation – you will need a strong motivation ie:  remarriage, employment, family safety
• Noncustodial parent’s motivation for objecting to the relocation – they will need a strong motivation for the objection, such as adverse impact on their relationship with the child/children
• Quality of the child’s relationship with either parent (parent-child bond)
• Visitation/parenting time with the noncustodial parent
• Economic, emotional, and education benefits of the child/children
• Financial and emotional benefits of relocation
• Ability to suitably modify visitation arrangement to preserve noncustodial parent’s relationship with child/children
• The child’s preferences (age is a factor in whether their preference will be taken into consideration)

The most heavily determining factor is the court’s concern for the welfare of the child/children so keep this in mind when mounting your case.

Is There a Limit to How Far I Can Move?

Obviously the burden of proof is higher the further away you plan to relocate.  You’ll need to persuade the court that the relocation is in the best interests of the child/children If you are unable to present a strong enough case, justifying your relocation, the court is more likely to deny the move, avoiding adverse impact to the child/children and/or their relationship with the noncustodial parent. You need to be prepared to change your plans or consider relocating without the child/children.  Tough decisions … so we advise you to approach this situation with your eyes wide open … as previously stated, the court is very strict on this matter.

If the noncustodial parent does not regularly exercise their visitation rights (or already has limited access to the child/children), and is not an active part of the child’s life, the court may be more likely to grant the move despite any objection, particularly if the custodial parent can show that there’s good reason for the move (see above) and that the move would enhance the quality of life for the child/children.

Can My Former Spouse Relocate with My Child without My Consent?

Is there a relocation clause in your agreement allowing either parent to move (usually within a certain distance) without consent from the other parent? This clause (ideally) grants parents some latitude if circumstances necessitate a move, regardless of the status of their current relationship with the other parent. However, even if there is a relocation clause negating a need for consent from the other parent, it may still be possible to successfully challenge a custodial parent’s petition to relocate. While the court would likely take the relocation clause into consideration, it is only one of many factors.

The court always prioritizes the child/children’s best interests. The court may still grant the relocation despite an objection from the noncustodial parent, but is unlikely to do so without first hearing the case. If the noncustodial parent can effectively persuade the court that the relocation would have an adverse impact on their relationship with the child/children or on their parenting time, the burden becomes much higher to prove that relocation is in the best interests of the child/children.

If you wish to relocate with your child/children – whether to another state or another city – it is best to secure the noncustodial parent’s consent, in writing, even if you have a relocation clause that doesn’t require consent. We strongly advise that you do not attempt to relocate with a child/children if you do not have the noncustodial parent’s consent, a relocation clause that expressly entitles you to the move, or a court order granting the move, as you may be at risk of committing an unlawful relocation.

Hit a “Home Run”

Relocating after a contested divorce can be a highly complex and frustrating ordeal.  Given the potential ramifications for everyone involved it is imperative to secure the services of an experienced Legal Team who can guide you every step of the way … navigating you on the road to your new home … and bring you the best results for you and your child/children.

Relocating your family after a divorce is a classic family law case that arises in New York State. Aronov Law NY has decades of experience dealing with such cases and is standing by to provide you with a free consultation.