Relocating With Your Child After a New York Divorce | What to Know

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For many people, a divorce is a fresh start. During the process, many people sell their homes. As a result, you may wish to move out of state with your child. If you are interested in relocating with your child, you will have to get permission from your ex-spouse, and in some cases, a New York court. Read on to learn more about the relocation process.

Physical Custody vs Legal Custody

There are two main types of custody that are awarded in New York- physical and legal custody. Physical custody determines the child’s custodial parent. This means they will live with this parent the majority of the time, but may also spend time in their other parent’s home.

Legal custody gives a parent the right to be involved in making important decisions throughout the child’s life. This can include matters such as medical treatment, education, religious practices, general upbringing, and even relocation. Even if a parent does not have physical custody, they may still be able to obtain legal custody. This allows them to have a voice, especially in the event that the custodial parent wishes to move with their child.

Relocating With Your Child 

Some cases of relocation can be settled between the parents themselves. Other times, parents may go through litigation to determine child relocation. When this happens, the moving parent must convince the court that relocating is in the child’s best interest. Alternatively, the opposing parent has the opportunity to express their disagreement. As child relocation is a sensitive matter, the judge considers several factors regarding the impact it will have on both the parent and the child before reaching a decision. A judge may consider how the move will impact:

  • 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

In addition to this, the court may also consider several factors related to the parents. This can include:

  • The reason for relocating
  • Why the non-custodial parent opposes the move
  • How the move may impact the custodial parent’s quality of life

If you have any questions or concerns about relocating with your child after a New York divorce, reach out today.


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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!

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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.

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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...

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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...

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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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