The Legal Challenges Of Relocating After A Divorce In New York

Getting a divorce is tough enough when you have kids without trying to move on top of it. Sometimes, you just need to relocate, though, and things get complicated. This article will help you do just that, explaining the essentials you need to know about moving after a New York divorce, including: 

• How relocation is handled under New York law after divorce, and how to win your request. 
• How a relocation can be challenged and defended in court. 
• When you can relocate, and the consequences of doing so with or without court permission.

1. How Does New York Law Handle Relocation Requests After A Divorce?

After a divorce, if there’s a custody or visitation order in place, you must seek court approval before relocating with your child. Typically, this involves filing an application in family court – though if you’re also seeking a modification to child support, filing in Supreme Court may be more efficient.

In deciding whether to grant relocation, the court will weigh several factors, with two primary considerations:

1. The Reason For The Move 
   Your reason for relocating is often the most crucial factor, as the court will want to ensure the move serves the child’s best interests.
2. Impact On The Non-Custodial Parent 
   The court will also consider how the move might affect the non-custodial parent’s ability to maintain a relationship with the child. 

For instance, if the non-custodial parent has joint custody and is actively involved, a request to move hundreds of miles away is likely to be denied. However, if the proposed relocation is within a closer distance—say 50 to 70 miles—and the non-custodial parent has been less consistent with visitation, the court may be more inclined to approve the request.

Each case is unique, but these two factors are central to any relocation decision in New York. For some additional factors, checkout my Legal Guide on the subject: https://www.avvo.com/legal-guides/ugc/what-factors-are-consider-in-a-custody-relocation-case-

2. How Can I Prepare A Strong Case For Relocating With My Children?

If you’re considering relocating with your children, the first step is to consult with a family law attorney who can help you evaluate the key factors the court will consider. 

The court will look closely at both parents’ reasons for seeking or opposing the move, the quality of the relationship between the child and each parent, and the impact of the relocation on the non-custodial parent’s access. To strengthen your case, focus on creating a relocation plan that preserves the non-custodial parent’s access as much as possible. 

For instance, if you’re moving a significant distance, consider proposing alternative visitation schedules—like extended summer visits or school breaks—to ensure continued involvement. While long-distance moves can complicate visitation, the court is more likely to approve a plan that maintains meaningful contact with both parents.

You should also gather evidence that shows how the relocation will improve your child’s economic, emotional and/or educational well-being. For example, if you’re moving for a better job or school, documentation supporting these benefits will be useful. 

Additionally, if there are new developments since the original custody decision—such as the non-custodial parent developing substance abuse issues—these changes are relevant and should be highlighted in your case.

3. What Documentation Should I Provide To Support My Relocation Request?

To strengthen your relocation request, gather documents that clearly support your reasons for moving and address the court’s key concerns.

For example, if you’re arguing that the move will improve your child’s economic situation, general claims about needing a better job may not be sufficient, especially if you’re in the New York City area. Courts are likely to question why better opportunities aren’t available locally. You’ll need strong evidence to show that a comparable job doesn’t exist nearby. This might include:

• Records of job searches: Document all efforts to find employment locally, including applications, interview notes, and rejections from jobs matching your skills and experience.
• Reports from a professional headhunter or recruiter: These reports can help demonstrate the difficulty of finding suitable work within the area.

If education is a key factor, and you’re claiming that the move will allow your child to attend a higher-quality school, you’ll also need to substantiate this. Simply referencing online school rankings may not be enough, as the court may require more credible evidence. Consider gathering:

• Comparative school data: Academic reports, school profiles, and performance metrics of both the current and proposed schools.
• Expert testimony: Hiring an educational consultant can be particularly persuasive, as they can provide professional assessments of the educational benefits of the new district.

By preparing this level of documentation, you’ll be better positioned to address any challenges to your relocation request and demonstrate that the move is genuinely in your child’s best interests.

4. What Are My Legal Options If My Ex Opposes The Relocation?

If your ex objects to your relocation request, you have two main options: either remain where you are or formally seek court approval to relocate. Here’s how to approach it if you decide to move forward with a court application:

If you’ve been offered a job in another state—say, Tennessee—that requires a quick decision, it’s essential to file your application with the court as soon as possible. Consulting an attorney can help you determine where to file and whether you should request an emergency order to permit the move temporarily while waiting for a full hearing. This may be especially necessary if the job offer has a limited window, as the trial process could take several months.

Certain courts may process these requests faster than others, so an attorney can guide you on the best jurisdiction for your application to increase the likelihood of timely consideration. Taking action quickly and strategically can help preserve the opportunity while respecting the legal process.

5. Should I Expect Changes In Child Support Obligations If I Relocate?

Relocating may impact child support, but it depends on the distance and how it affects the non-custodial parent’s ability to maintain visitation. 

For instance, if your move requires the non-custodial parent to incur substantial travel expenses—like airfare or hotel costs—the court may consider reducing child support under a factor known as “extraordinary visitation expenses.”

However, if you qualify for a child support increase, this could help offset travel expenses. For example, if it’s been over three years since the original support order, or if the non-custodial parent’s income has increased by more than 15%, you could request a support modification along with your relocation case.

This option can also serve as a negotiation tool. You might offer to withdraw your request for increased support or agree to a reduction if the non-custodial parent consents to the relocation, potentially smoothing the path to an agreement. Consulting with an attorney can help you evaluate these strategies to support both your relocation goals and financial needs.

6. How Can I Prove That Relocation Is In My Child’s Best Interest?

To prove your child will be better off with you after the move, present as many positive factors in your favor and significant concerns about the non-custodial parent as possible.

This can include even small details, such as how the non-custodial parent reacted to your relocation request. If you have a recording or written message showing they objected out of spite—for example, saying they’re against it “just because they can”—that won’t look favorable to a Judge.

Primarily, though, focus on gathering evidence about:

• The impact of the move on your child’s life,
• The quality and frequency of the child’s future contact with the non-custodial parent,
• How the move will enhance your and your child’s life economically, emotionally, and educationally,
• The feasibility of preserving the relationship with the non-custodial parent, and
• Any other issues which would have been relevant in the original custody case. Checkout my Legal Guide on many of the factors considered in a custody determination: https://www.avvo.com/legal-guides/ugc/what-factors-are-considered-for-child-custody-

7. Can I Relocate While The Divorce Is Still Pending In New York?

The short answer is likely no, especially if the non-custodial parent objects and you don’t have court approval. Talk with an attorney experienced in relocation cases before making any moves. If you relocate, particularly far enough away to impact the non-custodial parent’s visitation, a Judge will likely order you to return with the children pending a full trial.

Relocating during a pending case, without involving the non-custodial parent, can make a negative impression on the Judge. The Judge could even decide to grant custody to the other parent, saying, “You can move, but the kids will stay here.”

8. What Are The Potential Consequences If I Relocate Without The Court’s Permission?

If you relocate without approval, a Judge may order you to bring the children back. The court doesn’t consider personal expenses like quitting a job, ending a lease, or moving costs. Their primary focus is maintaining the children’s stability and access to both parents, so they could order you—or, at minimum, the children—to return.

For any move, at the very least, you’ll need a clear, legally binding agreement with the non-custodial parent. This agreement should be professionally prepared, signed, notarized, and expressly allow the relocation. A simple text message isn’t enough to protect against future issues.

9. How Do Job Opportunities Affect Relocation Decisions In Court?

Job opportunities can be a key reason for wanting to relocate, but using them as justification in court requires substantial evidence. You’ll need to document your efforts to find comparable work locally, demonstrating why relocation is necessary based on the job market in your area.

In the Greater New York City area, courts are generally skeptical of relocation requests based solely on claims of better job prospects elsewhere. A Judge will likely require a solid argument backed by evidence, and in some cases, expert testimony, to show that comparable opportunities aren’t available locally.

10. What Role Does My Child’s Opinion Play In Relocation Decisions In New York?

In New York, a child’s opinion on relocation may be considered by the court, but this depends largely on the child’s age and maturity.

• Preschool Age or Younger: Very young children’s preferences are generally not considered in court.
• Elementary School Age: For children in elementary school, especially fifth grade or younger, the court is unlikely to place much weight on their opinion.
• Middle School Age (6th–8th Grade): At this age, a child’s opinion can become a factor in the decision, but it is one of many factors the court will weigh. If a middle-school-aged child supports the move, this could be worth raising with the court.
• High School Age: A high school student’s wishes often hold significant weight. If a teenage child is in favor of relocating, especially if they have a strong relationship with you, this can make it very difficult for the non-custodial parent to prevent the move. Conversely, if a teenage child opposes the relocation, the court is likely to respect that preference.

Ultimately, the older and more mature the child, the more likely the court is to take their wishes seriously in a relocation decision.

Have questions about your relocation request after a New York Divorce?

For more information on The Legal Challenges Of Relocating After A Divorce, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 362-3080 today.