March 21, 2025
Relocating With Your Child After Divorce: What New York Parents Need to Know
By Yvonne Garbett, Esq.

Life circumstances change after divorce. Job opportunities, remarriage, financial hardship, or family support systems often lead parents to consider relocating with their child. However, moving after a custody order exists can become a major legal issue in New York.
Parents generally cannot relocate significant distances with a child if the move would substantially affect the other parent's visitation rights without court approval or agreement.
When evaluating relocation requests, courts focus heavily on the child's best interests. Judges may consider educational opportunities, financial stability, family support, the reasons for the move, and the impact on the child's relationship with both parents.
One common mistake parents make is assuming they can simply move first and handle legal issues later. Relocating without permission may negatively impact custody proceedings.
Technology such as FaceTime and virtual communication may help maintain relationships after relocation, but courts still carefully evaluate how distance will affect parenting time.
Relocation cases are often emotional and highly fact-specific. Careful preparation and documentation are important when presenting these issues in court.
Contact Garbett Law Office
If you are considering relocating with your child or are involved in a custody dispute in Rockland County or Orange County, Garbett Law Office can help protect your parental rights.
