Moving with Children After Divorce in New York: Relocation Rules
Relocating with your children after divorce is one of the most contested issues in family law. In New York, moving a significant distance with your children typically requires either the other parent's written consent or the court's permission. Courts evaluate relocation through the lens of the child's best interest, weighing the benefits of the move against the impact on the child's relationship with the non-moving parent. Relocating without following the legal process can result in contempt charges and loss of custody.
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- ✓Moving beyond a specific distance from the other parent (varies by state, typically 50-150 miles)
- ✓Moving out of state or out of the country with the children
- ✓Any move that would substantially disrupt the existing parenting schedule
- ✓Even if you have primary physical custody, you generally cannot relocate unilaterally
- ✓If both parents agree to the move in writing and submit a modified parenting plan, court approval is typically a formality
- ✓If the other parent objects, a full hearing is required before you may move
Notice Requirements
Provide written notice
Most states require 30-60 days advance written notice before a proposed relocation. New York may have specific requirements for the content and timing of notice. Check your existing custody order, as it may include relocation-specific provisions.
Include required information
Your notice should include: the proposed new address, the reason for the move, a proposed revised parenting schedule, a proposed plan for the child's transportation between homes, and the date of the intended move.
The other parent responds
After receiving notice, the non-moving parent has a set period (typically 30 days) to file an objection with the court. If they do not object in time, the move may proceed.
Court hearing if contested
If the other parent objects, the court schedules a hearing. Neither parent should move until the court rules. The moving parent typically bears the burden of proving the move is in the child's best interest.
Factors Courts Consider
Reason for the move
A legitimate reason (new job, better salary, family support, education, military orders) weighs in favor of the move. Moves made primarily to interfere with the other parent's relationship weigh against it.
Impact on the child
Will the move improve the child's quality of life? Consider education opportunities, extended family support, safety, and community resources. Will the child lose important connections?
Relationship with non-moving parent
How will the move affect the child's relationship with the other parent? Can a meaningful visitation schedule be maintained? The stronger the existing parent-child bond, the harder it is to justify a distant move.
Feasibility of a modified schedule
Can the parents create a workable long-distance parenting plan? Longer summer and holiday visits, video calls, and shared travel costs can maintain the relationship.
Child's preferences
For older children, the court may consider the child's wishes regarding the move. The weight given to the child's opinion increases with age and maturity.
Good faith of the moving parent
Is the move genuine and well-intentioned? Courts look unfavorably on moves designed to alienate the other parent or gain a tactical advantage in custody.
Long-Distance Parenting Plans
- ✓Extended summer parenting time: the non-local parent may receive most of the summer vacation (6-8 weeks)
- ✓Alternating school breaks: fall break, winter break, and spring break are divided between parents
- ✓Holiday rotation: alternate major holidays annually, with travel arranged in advance
- ✓Regular video communication: scheduled FaceTime or Zoom calls (not just phone) so the child and distant parent can maintain a visual connection
- ✓Travel costs: typically shared between parents, sometimes split proportionally based on income, or paid by the moving parent
- ✓Travel arrangements for young children: specify who travels with the child, whether unaccompanied minor services are used for flights, and meeting points for driving
- ✓Right of first refusal: if the custodial parent will be away for an extended period, the other parent gets the option to have the child rather than a babysitter
Special Circumstances
Military relocation (PCS orders)
Service members with Permanent Change of Station orders have unique considerations. Many states have specific provisions protecting military parents from losing custody due to deployment or PCS moves. The Servicemembers Civil Relief Act may also apply.
Interstate moves
When a parent moves to another state, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs which state has jurisdiction. Generally, the original state retains jurisdiction as long as one parent remains there.
International relocation
Moving a child internationally requires additional legal scrutiny. The Hague Convention on International Child Abduction provides remedies if a child is wrongfully removed to or retained in another country.
Relocating without permission
Never move without following the legal process. A parent who relocates without court permission or the other parent's consent risks contempt of court, change of custody to the other parent, and being ordered to return the child immediately.
Every situation is different
Planning a move with your children? Tell our AI advisor about your situation and understand what New York requires.
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Legal Disclaimer: This article covers New York divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed New York family law attorney for advice specific to your situation.