Relocating Your Child Out of State After a Divorce

When divorces occur, it’s somewhat common for one parent to relocate out of the state. However, it’s also important to consider how such a relocation could affect the children in the relationship. 

Moving out of state with children after a divorce has an impact on more than just the parent who wants to relocate. The children and the non-custodial parent are also affected. Sometimes a decision can be reached amicably, but other times one of the parents will not consent to this move and the parents will seek intervention from the court to decide. 

As always, New York law favors the best interests of the children above all else. Following the best interest standard, a court will consider how the move might impact the child to determine whether it should grant the custodial parent permission to relocate. The court may look at the relationship the child has with each of his or her parents and how the move might affect that. If the child does not regularly see the other parent, this might weigh in favor of the relocation. 

However, apart from the respective parent’s relationship with the child, courts also look to other effects of the move. A court may consider how the relocation will impact schoolwork, social relationships and other elements of a child’s life. If a custodial parent can show that the move will have a positive impact on the life of the child, this may weigh in that parent’s favor. 

Relocating with children is difficult after a divorce. If you need assistance with a relocation hearing, contact the skilled family law attorneys at Bryan L. Salamone & Associates in New York.