Can I Relocate From New York With my Child During the Coronavirus Pandemic?

The Coronavirus brought about many unprecedented changes to the state of New York as well as the rest of the country. As a result, families are looking to protect themselves and their children. For many, this may include the thought of relocating to another state. However, doing so is not simple for families of divorce. This is because, in these situations, parents who share custody of their children must consider the state’s relocation laws. Continue reading below and contact an experienced New York family law attorney to learn more.

What are New York’s Relocation Laws?

In the state of New York, a divorced parent who wants to relocate with their child cannot pick up and do so without either the permission of the other parent or the court. If the child’s other parent resists the move, the one who wishes to move must obtain a court order to do so. It is important that this is done and a parent does not try to move anyway, as it can cause complications with their right to custody. 

When the case is presented to the court, the judge will consider several different factors to determine if the move is in the best interest of the child. This can include the following:

• Whether the parent is moving to live with a new spouse
• Whether the parent is pursuing higher education or a new job
• Whether the parents is moving to significantly improve the quality of their family’s life
• Whether the parent is moving to keep the child or family safe
• Whether the parent or child is in need dire medical treatment
• Whether the parent wishes to move closer to their extended family

In addition to this, the court may consider the following additional factors: 

• Whether the child has a preference, if he or she is mature enough to make that decision
• The reasoning for the move, or the former spouse’s reasoning for opposing the move
• Whether the former spouse is capable of relocating as well
• The opportunities available for the child in the new location
• How the move will overall affect the quality of the child’s life

Contact our Firm

Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.