Many see the end of a marriage as a chance to start fresh. Moving can provide that necessary change. However, when children are involved, the matter becomes more complicated. A parent needs court approval to move any appreciable distance with their children. Family law attorneys must balance the parents' rights, New York State law, and the welfare of the children to help reach a resolution that is acceptable to all parties. Often, Court involvement is necessary.

What Are New York’s Requirements for Relocation? 

The issue of moving or relocation can be addressed during divorce proceedings. Both sides can agree to a geographical limit as to where the custodial parent can move, particularly if children are to be kept in the same school district. This allows for the non-custodial parent to still have easy access to their children. 

The custodial parent must ask the court for permission to move anywhere that falls outside a relocation clause. If there is no relocation clause, permission must still be requested. Disputes can arise in either circumstance.

What Kind of Disputes Can Arise? 

In some agreements, the custodial parent must give the non-custodial parent written notice regarding the move. If the non-custodial parent objects, they have a period of time to file a Petition with the Court. Filing such a Petition stops the move until the Court determines the matter. Many seek the help of a family law attorney when faced with this issue, which is usually framed as a custody modification proceeding.

Also, a custodial parent can go directly to Court and seek permission, particularly if they think the non-custodial parent wont agree. And, a non-custodial parent can go directly to Court to stop a move they are not informed about.

How Are They Settled? 

If either parent files a Petition, the case goes before a judge. The court will review the reasons for the move and the reasons for objecting. It will look at how the move will benefit the moving party and the children economically and in terms of stability, while at the same time preserving the non-custodial parent’s visitation rights. Sometimes, the custodial parent will want to move out of spite, or because a boyfriend or girlfriend lives out of state. Similarly, some non-custodial parents file an objection just to object. The Court will look behind the stated reasons in these situations to determine intent. Most times, a full evidentiary hearing is required.

For long-distance moves, the custodial parent must show the children would benefit educationally, financially, or emotionally. For instance, the schools might be better and the cost of living might be lower in the new location, or a job may provide better opportunities. If relocation is approved, the non-custodial parent would have less frequent visitation. As a solution, they would have longer visits, and the custodial parent would pay for transportation. 

Children with close ties to both parents and their families could face negative emotional impact if taken away from them. They may also experience a difficult adjustment period when changing schools. These factors can lead the judge to deny the relocation request. Moving just to be with a boyfriend or girlfriend, without regard for the children’s stability, or without a concrete job offer, will often meet with a denial.

If the children are older and mature enough, they may be asked by the court what their feelings are about relocating, which can impact the outcome. However, their wishes are not controlling.

With the help of an experienced family law attorney, clients are in a better position to receive a favorable relocation decision and how to go about it. For nearly 40 years, residents of Rochester, NY, have relied on Thomas A. Corletta, Attorney & Counselor at Law. He handles every case personally, giving each client the one-on-one attention they need. Together, they create a customized strategy for the case ahead. For more information on his practice areas, including DWI, traffic, Bankruptcy, and divorce cases, visit his website. To schedule a consultation, call (585) 546-5072.