Do I Need Court Approval to Move Away with My Child After a Divorce?

A child perched on an adult's shoulders, both gazing out over a colorful field of flowers, embodying a moment of peaceful connection with nature, reminiscent of the harmony sought by a Nassau

If you are satisfied with how your child custody agreement was settled, you likely want to avoid anything that would jeopardize it. So, you may experience some internal conflict if you are considering moving away. Follow along to find out whether you need court approval to move away with your child after your divorce and how a proficient Nassau County relocation lawyer at Barrows Levy PLLC can help you navigate through this situation.

Do I need permission to move away with my child after my divorce?

Typically, if you are only planning to move a short distance away with your child, you will not need permission from the New York courts to do so. However, this may not be the case if you looking to move a great distance away, especially if you have sole physical custody of your child. This is because moving such a great distance away can impact your child custody agreement with your former spouse by preventing them from seeing your child as much as your agreement allows.

Under what circumstances will the New York courts allow me to move away with my child?

Just like with your initial child custody settlement agreement, the New York courts will prioritize your child’s best interest when determining whether you can move away with them. They will look at several factors, which include, but are not limited to, the following:

  • Your reasoning for seeking relocation.
  • Your former spouse’s reasoning for contesting the relocation.
  • The bond both you and your former spouse have with your child.
  • Whether the relocation would improve your child’s educational offerings.
  • Whether the relocation would improve your child’s social offerings.
  • Whether the relocation would improve your child’s economic standing (i.e., you received an offer for a higher-paying job or to attend higher education).
  • Whether your move will be to a safer area.
  • Whether your move will be closer to extended family.
  • Whether your move will be to distance your child from your dangerous former spouse.

To reiterate, the New York courts will look at any and all factors they deem relevant to your unique situation. So, if you require assistance with defending your request to move with your child, you must seek the assistance of a talented Nassau County child custody lawyer at your earliest convenience. We will help you prove that this move is the best possible decision you can make for your child. Pick up the phone and give us a call today.


If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

Contact Us Today!
  • This field is for validation purposes and should be left unchanged.