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

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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.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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