Do I Need Court Approval to Relocate With My Child After a Divorce in New York?
Under New York law, one parent cannot relocate a child from another without court approval if the other parent objects. When a couple separates, the judge will appoint a custodial parent and arrange a custody schedule. The custodial parent has legal and physical custody of the child. A custody order will outline a physical and legal custody agreement, visitation rights, and child support. The court must grant the custodial parent the right to relocate after a divorce.
Ultimately, New York state permits the relocation of a child if it is found to be in the child’s best interest. If you are curious about the laws regarding relocation with a child after a divorce, contact an experienced Nassau County Divorce Attorney.
What Factors Impact Whether I Can Relocate With My Child After a Divorce in New York?
In New York, a child’s best interest is imperative to any child custody decision. When considering a child’s best interest for a custody agreement, a judge will consider several factors, including:
- The child’s relationship with each parent
- Each parent’s ability to meet the child’s educational, emotional and physical needs
- Each parent’s stability
- Each parent’s physical and emotional health
- The child’s relationship with extended family and siblings
- The parent’s ability to work together in a co-parenting relationship
- Any other factors the court finds relevant
New York law requires a child’s best interest to be the overall deciding factor in a relocation proceeding. Before relocating, the custodial parent must prove the other parent’s written notice of plans to relocate. Both parties then must go to court to determine whether relocating is in the child’s best interest.
What is Evaluated at a Relocation Hearing?
In New York, each parent will appear before a judge to determine if relocating is in the child’s best interest. A court will evaluate the custodial parent’s good faith reasons for relocating. They will evaluate the impact the relocation will have on visitation and how the move will affect the child’s overall well-being. In determining a child’s best interests, a judge will consider the following:
- The parent’s reason for relocating
- The other parent’s reason for objecting to the relocation
- The impact the relocation will have on the visitation with the non-custodial parent
- How the move will impact the child’s life educationally, emotionally, and financially
- The impact the relocation will have on the child’s relationship with their non-custodial parent
Therefore, New York requires parents to be granted permission by the court to relocate a child after a divorce. The overall reasoning for the relocation will be evaluated. However, a judge will only approve relocation if it is in the child’s overall best interest. If you are considering relocating your child after a divorce, reach out to a devoted Nassau County Family Law Attorney.
Contact our experienced Nassau County firm
The Pollack Law Firm, P.C., is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis at (516) 938-3330.