What Happens When One Parent Wants to Relocate After a Divorce?

Relocations are not unusual among divorced parents. People can be prompted to move for such reasons as remote work opportunities, changes in cost of living, new romantic relationships and desires to be closer to extended family or support networks. Yet, a relocation with child in tow can have a profound effect on the other parent’s relationship with the child. The key question is: when must a parent obtain court permission to move and what happens if the other parent objects?

In New York, a parent cannot, without consent or a court order, unilaterally move a child far enough to affect the other parent’s ability to maintain a meaningful relationship. This applies to moves out of state or even within the state if the distance would substantially interfere with the existing parenting time arrangement. Attempting to relocate without proper authorization can result in severe consequences, including court sanctions, compelled return of the child or even a change in custody.

New York courts approach relocation disputes by weighing the totality of the circumstances, with a primary focus on serving the best interests of the child. Judges consider multiple factors, including:

• the reasons for the proposed move
• the strength and quality of the child’s relationship with each parent 
• the likely impact of the move on the child’s emotional stability, education and support systems
• the practical prospects for maintaining healthy relationships with both parents after the move 
• whether the move would significantly enhance the child’s or relocating parent’s circumstances, such as improved employment, better housing or access to family support

The relocating parent bears the burden of proving that the move serves the child’s best interests. Courts are particularly wary if evidence suggests the move’s true goal is to limit the other parent’s involvement.

In today’s digital age, courts increasingly consider “virtual visitation” — parenting time enabled by video chat, messaging and other technology. While virtual contact cannot replace in-person relationships, it does allow for more frequent interactions, supports activities like helping with homework or bedtime routines and helps mitigate the emotional toll of physical separation. Still, judges will not approve a move if virtual options cannot adequately preserve the parent-child bond.

If a parent moves without court permission, the consequences can be severe. They can include a finding of contempt of court, an order to return the child, modification of custody arrangements and serious damage to the parent’s credibility in future court proceedings. Parents are strongly advised not to move first and “ask forgiveness later.”

A skilled child custody attorney can be invaluable in relocation cases. An attorney can assess whether a move is likely to be approved, gather evidence demonstrating how relocation benefits the child, develop workable long-distance parenting and virtual visitation plans, challenge moves that threaten the parent-child relationship and represent parents effectively in negotiations or court.

At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York, we offer compassionate counsel for parents across Long Island in child custody cases. Call us at 631-360-0400 or contact us online to arrange a free initial consultation.