Do I Need Court Approval to Move Away with My Child?

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Continue reading to learn whether you need court approval to move away with your child after your divorce and how an experienced Suffolk County relocation attorney at the Law Offices of Susan A. Kassel, P.C., can help you navigate your child custody agreement.

Do I need permission from the court to move away with my child?

If you are only intending to move a short distance away with your child, you will not need permission from the court to do so. However, this may not apply if you intend to move a great distance away. This is because such a move can impact your child custody agreement with your former spouse, as it will prevent them from seeing your child as often as your agreement allows.

So, when it comes to moving a great distance away, your allowance to do so is dependent on your custody agreement. The type of custody you possess may be any one of the following:

  • Physical custody: this means that you are the custodial parent and your child lives with you a majority of the time.
  • Legal custody: this means that you have the right to be involved in important decision-making, such as your child’s medical treatment, education, religious practices, etc.
  • Sole custody: this means that your former spouse was deemed to be parentally unfit and they do not have physical or legal custody of your child.

That said, you can likely move far away with your child without the court’s permission if you have sole custody. However, being granted sole custody is rare, as the courts typically believe that a child will benefit the most from having a relationship with both of their parents.

What will the New York courts consider if I request to move away with my child?

If you share custody with your former spouse, you will need their permission to move far away with your child. So if your former spouse does not give permission, you will have to get permission from the court. When it comes to making a decision about relocating your child, the court will typically consider the following:

  • The reasoning for your relocation.
  • The reasoning for your former spouse’s disagreement with your relocation.
  • The relationship your child has with both you and your former spouse.
  • Whether the move will improve your child’s academic and social life.
  • Whether the move will improve your child’s economic standing (i.e., you received an offer for a higher-paying job or to attend higher education).
  • Whether the move will be closer to your child’s extended family.
  • Whether the move will be to a safer area for your child’s upbringing.
  • Whether the move is to distance your child from your dangerous former spouse.

For more information on how to go about your child’s relocation, contact a skilled Suffolk County child custody attorney today.


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.

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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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