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If there have been no prior court proceedings and no orders regarding custody or visitation, then you do not need the other parent’s permission to relocate with your child. However, if you know that the other parent would oppose the relocation, it is usually wisest for you and your attorney to file a petition for relocation with a judge.
If the other parent opposes this relocation, they have the right to file a petition known as an emergency habeas corpus petition to prevent the relocation or compel you to move back into the state. Likewise, you can file this petition as well if you feel the other party is withholding your child from you or has taken them away without your consent or against your wishes.
If there are previous orders in place regarding custody or visitation, this can limit your ability to relocate with your child. For example, court orders may prohibit you from moving more than 25 miles away from the other parent without their permission. In this case, you will have to file a relocation petition in family court or as part of a divorce proceeding.
Exceptions to this requirement include moving short distances within the same city. For example, if you move from one part of New York City to another and this distance does not affect the other parent’s visitation rights or access to your child, no petition or permission is usually needed.
You and your attorney can file this petition in family court, and the court will then issue a summons, giving you a date to appear in court. On that court date, you and the other parent will appear, and an attorney is also often assigned to your child to represent their interests. From there, the case will proceed, and a court will decide if relocation is in your child’s best interest.
To prove to a court that relocating is in your child’s best interests, you will have to demonstrate that this move will meaningfully improve your child’s life in some way.
For example, the move may improve your finances (and therefore your child’s quality of life), improve your child’s education, allow your child more access to extended family, or make your child safer by moving to a less dangerous neighborhood.
You will also have to show that this relocation will not significantly harm your child’s relationship with their other parent. Alternatively, you can demonstrate that the benefit of the move will outweigh the harm of reducing the other parent’s involvement in your child’s life.
Attorney Jeffrey Johnson is an accomplished family law attorney serving New York. For over 30 years, he’s helped clients just like you better understand the legality of relocation, consider their child’s best interests, and navigate complex divorces with care.
Have questions, or in need of excellent legal guidance? Reach out to the Law Office of Jeffrey W. Johnson at (718) 557-9767 for an initial consultation today.
If there are no ongoing court proceedings or orders prohibiting temporary relocation, you may do so. Once a case has been filed, however, the court will typically issue an order stating that no relocation can occur without the court’s permission.
A very temporary relocation (for example, a vacation lasting a few days) would likely be allowed, though months of relocation is not likely to be permitted.
While this is not the only factor a court will use to make a decision, the preferences of an older (i.e., high school-age) child can make a meaningful difference in whether a relocation is permitted. A court will take the preference of an older child quite seriously, though the preferences of a younger child (for example, a five-year-old) are less likely to hold weight.
This is something that happens often, and I’ve been assigned as an attorney to the parent who has done this, to the parent who’s a victim of this behavior, and to the child caught in the middle. It can be very difficult to know if one parent is putting pressure on the child. Often, we use a psychiatrist, psychologist, or social worker to interview the child and better understand if they are being alienated from the other parent and weaponized.
These cases are incredibly difficult on the children, and many come through these scenarios emotionally damaged. As an attorney, I work to support the child’s best interests, support the rights of my clients, and help my clients consider their child’s best interests, future, and emotional well-being in every case.
For more information on Relocating With Your Child In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 557-9767 today.
Attorney Jeffrey Johnson is an accomplished family law attorney serving New York. For over 30 years, he’s helped clients just like you better understand the legality of relocation, consider their child’s best interests, and navigate complex divorces with care.
Have questions, or in need of excellent legal guidance? Reach out to the Law Office of Jeffrey W. Johnson at (718) 557-9767 for an initial consultation today.
