Can I Relocate With My Child After a New York Divorce?

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child moving boxes

When former spouses move on after a divorce, they often experience a variety of new changes in their life. In some cases, this can require one of them to move, either to a different city, state, or country. In the event that they have a child with their former spouse, this can make the situation difficult. Typically, neither parent of a child is okay with not living near their child and being able to see them. It is because of this that these situations may call for the help of the court to settle. Continue reading below to learn more and contact an experienced New York family law attorney.

How Does Custody Factor In?

In a New York divorce case where spouses have children together, custody arrangements will be established. This designates both physical and legal custody. While physical custody determines the parent with whom the child lives with, legal custody determines the influence a parent has in their child’s life. By obtaining legal custody, parents have the right to be involved in making decisions regarding the child’s upbringing. This can include matters such as healthcare, education, religion, and even relocation. Non-custodial parents should always fight for legal custody, as it allows them to fight for their child during situations of relocation.

How is Relocation Decided in New York?

Sometimes, parents are able to work together in order to settle matters of relocation. However, there are many cases in which parents do not agree regarding the matter and need the help of the court. During this time, the parent who wants to move with their child is required to prove to the court that doing so is in the child’s best interest, not just their own. Alternatively, the parent who opposes the move can argue for their child to stay. Before coming to a decision, the court will also consider the following factors:

  • The relationship between the non-custodial parent and the child
  • The child’s relationship with their extended family
  • The child’s academic and social life
  • The child’s quality of life
  • The reason for relocating
  • Why the non-custodial parent opposes the move
  • How the move may impact the custodial parent’s quality of 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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