On Behalf of Claudio & Associates, Attorneys at Law
Single parents who wish to move, either to another borough in New York City or to a more distant destination, usually have good reasons for doing so. In many cases, a better job opportunity or more affordable housing could be the reason.
In other cases, a person may need to help other family members or may see a good educational or other opportunity for their children.
New York is a little different from other states in that it does not have a detailed relocation statute that spells out what happens when a single parent wants to move with his or her child.
Parents should first consult their custody orders before taking any further steps.
In many if not most cases, the couple will have agreed, or the judge may have ordered, what relocations parents could make without the permission of the court. If a parent’s custody order covers moves, he or she should follow the instructions.
Whether the court’s order addresses relocations or not, in many if not most cases, a New York parent will have to get the court’s permission to move.
Courts will decide relocations based on the best interests of the child
As with other child custody matters, New York courts will allow a relocation if it is in the child’s best interests.
When deciding what is in a child’s best interests, the court will consider a number of factors. Practically speaking, the more significant the move, the more it might take to persuade a court, or the other parent, that the move is a good idea.
Even if he or she plans to negotiate with the other parent, a parent who needs to move will want to be sure he or she is well prepared to persuade a court that the move will be in the best interests of the children.
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