How Do New York Courts Decide on Relocation Cases?

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When one parent is looking to move away with their child, there is typically no issue, especially if the move is to the next town over or otherwise a short distance away. However, if you are looking to move a great distance away, this may significantly impact your child custody agreement by preventing your former spouse from seeing your child as much as the initial agreement allows. If this is the case for you, you will either have to obtain that parent’s explicit permission to move away, or you will have to obtain permission from the courts.

If you are looking to move a significant distance away from the child’s other parents and you are the custodial parent, you may require the services of a knowledgeable Nassau County relocation lawyer. To learn more about the relocation process and how our legal team can assist you, continue reading and contact our firm today.

How do New York courts decide on relocation cases?

New York courts will consider many factors to determine if they should allow you to relocate with your child. However, the primary concern of New York courts is always the well-being of your child. If the court determines that relocation would improve your child’s educational, social, and economic standing, they will likely award you the relocation. The following are some of the factors that New York courts will consider:

  • Your reasoning for seeking relocation
  • Whether you are looking to relocate to a safer area
  • Whether you are looking to move away from a dangerous former spouse
  • Your former spouse’s reasoning for contesting the relocation
  • Whether you are relocating for a higher-paying job to benefit you and your child
  • Whether you are seeking to move closer to extended family
  • Whether your child is in his or her senior year of high school
  • Whether you are relocating to attend higher education or university to get a degree that will eventually benefit your child
  • The bond both you and your former spouse have with your child
  • Any other factor the court deems relevant

Our firm is prepared to assist you if you are looking to move away with your child following a divorce. To learn more about our firm and how we can assist you, give our Nassau County family law attorney a call today.


Barrows Levy PLLC is a dedicated New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you require a lawyer who has notable experience handling family and estate planning matters, we are available to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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