Reviewed by Michael Colin Barrows, Esq.
Key Takeaways
- You need the other parent’s consent or a court order. Distance matters, not state lines.
- You do not have to prove you have no choice. You have to prove the move serves your child.
- Check your order first. Many contain a mileage or county restriction.
- Never move first and ask afterward. A court can order the child returned.
For many children, a divorce can be quite the adjustment, as they will have to get used to the new normal. This includes switching between parents’ homes or only seeing one parent during their visitation time. However, when one parent needs to move, this can further impact the current custody arrangement. As such, understanding how parental relocation will affect a custody arrangement is critical. The following blog explores what you should know about this issue, including the importance of working with a Long Island relocation lawyer to help you through these difficult times.
How Will Parental Relocation Impact the Custody Arrangement?
If one parent is moving a considerable distance away from their ex-spouse, whether it be out of state or a substantially further distance within New York, it will impact the current custody arrangement.
Ultimately, what matters most is distance and its effect on the parenting time schedule, not whether or not you cross state lines. As such, moving to the next town over typically does not require anything. However, a move that renders the existing arrangement impractical requires either the consent of the other parent or an order from the court.
Generally, the primary concern when one parent moves away is that the other parent will be unable to see the child as per the custody arrangement. For example, if a parent is moving six hours away, it is unreasonable to expect the other parent to drive that distance for an hour-long visit with their child. Similarly, it can make the current custody arrangement unviable if you and the other parent alternate custody on a fixed basis, like every three days. As such, the court will need to consider a number of different factors before determining how to handle a relocation.
The Standard New York Courts Apply
In New York, the Tropea v. Tropea 1996 Court of Appeals decision ultimately changes how relocation matters are analyzed. Prior to the Tropea ruling, a parent whose move would disrupt access to the other parent needed to demonstrate that the move was made out of “exceptional circumstances.” However, the Court of Appeals ultimately rejected that test, instead requiring that each case is determined on its own merits, with emphasis on the best interests of the child above all else.
You do not have to prove you have no choice. You do have to prove, by a preponderance of the evidence, that the move serves your child. The factors the court weighs are:
- Each parent’s reasons for seeking or opposing the move
- The quality of the child’s relationship with each parent
- The impact of the move on the amount and quality of future contact with the parent staying behind
- The degree to which the child’s life would be enhanced economically, emotionally, and educationally
- Whether a workable visitation arrangement could preserve the relationship despite the distance
That last one is often where these cases are decided. A parent who arrives with a concrete proposal for how the other parent keeps a real relationship, covering school breaks, extended summers, travel costs, and regular video contact, is answering the court’s central concern rather than leaving it open.
What Should I Do if I Need to Move?
In the event you need to move, and you share custody with your ex-spouse or your ex-spouse has visitation rights with your child, it’s imperative to understand that there are steps you can take to fight for the best possible outcome in these matters.
Start With Your Existing Order
Before taking any steps, the first thing you should do is read the custody order in full. Many custody orders and separation agreements contain relocation clauses, in which a mileage radius is set. If a clause exists and you are moving outside of the mileage radius, you would need permission.
Do Not Move First and Ask Afterward
This is one of the most harmful things you can do. A parent who relocated without prior consent or a court order can be directed to return the child, and the move itself will then become evidence about their judgment and their willingness to support the child’s relationship with their other parent.
If your ex-spouse refuses to consent to the relocation, you’ll need to petition the court to modify the current custody arrangement. However, you should note that you will have to bear the burden of proof that your relocation and the subsequent change to the custody order are in the best interest of the child.
Contact an Experienced Family Law Firm Today
The most important thing you can do if you need to move and you share custody or your spouse has visitation rights with your child is to contact an experienced attorney. At Barrows Levy PLLC, we understand how complicated these issues can be and the impact they can have on you and your family. As such, our firm is committed to doing everything in our power to help you seek the best possible outcome. Contact us today to learn how we can fight for you.
