PARENTAL RELOCATION

Legal Guidance for Custodial Parents and Parents Opposing a Move

When a custodial parent wishes to move with a child, whether to another part of New York, a different state, or even internationally, they must obtain permission from the court. Relocation cases are among the most complex and emotionally charged issues in family law, as they can significantly affect a child’s relationship with both parents.

At Cohen Stine Kapoor LLP, we represent both parents seeking to relocate and parents who oppose relocation. Our attorneys understand how to craft persuasive arguments based on the unique facts of each case and ensure that the child’s best interests remain front and center.

Does a Parent Need Permission to Relocate?

Yes. In New York, a custodial parent generally may not relocate with a child in a way that would interfere with the other parent’s visitation rights without either the other parent’s consent or a court order. Even if the parent has sole legal and physical custody, moving away, especially a move that disrupts an existing custody or visitation arrangement, requires court approval.

How Does the Court Decide a Relocation Request?

Judges weigh several factors, including:

  • The reason for the move – Is the parent moving for a better job, education, remarriage, or family support? Or is the move motivated by an effort to frustrate the other parent's relationship?

  • The nature and quality of each parent’s relationship with the child – Courts favor arrangements that promote ongoing contact with both parents when possible.

  • The child's safety and the safety of each parent from abuse – Relocation may be permitted in situations involving domestic violence, threats, or other dangers.

  • Educational opportunities – The quality of the schools and access to educational services in the new location may be a deciding factor.

  • Stability of the new environment – Courts consider whether the move will improve the child’s quality of life, including housing, healthcare, and community support.

  • Impact on visitation and family relationships – Courts assess whether the non-custodial parent will be able to maintain a meaningful relationship with the child after the move, and how the move might affect extended family connections.

Building a Strong Relocation Case

Relocation cases often involve extensive evidence, including:

  • Affidavits and testimony about job prospects, family support, and housing

  • School comparisons and educational records

  • Psychological or custody evaluations

  • Parenting history and current time-sharing arrangements

  • Detailed visitation plans for long-distance parenting

Whether you are seeking to relocate or opposing a move, you need experienced legal counsel who can present a thorough and compelling case to the court.

We Represent Parents on Both Sides of Relocation Disputes

At Cohen Stine Kapoor LLP, we are experienced in handling relocation cases at every stage—from pre-litigation negotiation to full evidentiary hearings. We help custodial parents demonstrate how a move will benefit the child, and we help non-custodial parents protect their rights to regular and meaningful contact.

Protect Your Parental Rights and Your Child’s Future

If you are considering relocation or have received notice that the other parent wants to move with your child, don’t wait. Relocation decisions can permanently alter custody and visitation. Contact our firm to schedule a confidential consultation and learn how we can help you pursue or oppose a proposed move under New York law.