When your marriage legally ends, you may wish to relocate to a different state to be closer to family, provide a better life for your child, or get a fresh start. Regardless of the reason, moving to a new place can have a significant impact on your child’s life and potentially interfere with the other parent’s parenting time. This is why courts do not take these matters lightly. Generally, relocating after divorce with a child requires the consent of the other parent or a judge’s approval.

Can a Custodial Parent Relocate with a Child After Divorce?

Even if you are the custodial parent, you may not be entitled to simply up and move to another state or geographical area with your child. You must provide written notice of your intention to relocate to the other parent prior to moving. If the other parent does not agree to the relocation, they can object and request a hearing in court. First and foremost, a judge would consider whether the relocation is in the best interests of the child.

At the hearing, both parents can present their arguments as to why relocation should or should not be permitted. A judge would evaluate:

• Whether there is a relocation clause in the custody agreement
• The custodial parent’s motivation and reason for the move
• The noncustodial parent’s reason for objecting to the relocation
• The effects of relocation on the non-custodial parent’s parenting time
• The emotional, financial, and educational benefits of the move for the child
• How relocation would impact the child’s education
• The impact of the move on the child’s relationship with each parent and other family members
• The child’s preference (if age appropriate)

A judge would assess whether there is evidence that the custodial parent is attempting to hinder the non-custodial parent’s visitation rights, or the relocation would cause unnecessary hardship. If a judge deems that relocating after divorce with the child is meant to be retaliatory against the other parent — or it is not in the best interests of the child — they may deny the petition.

What Happens if the Legal Process is Not Followed?

There can be serious consequences to relocating after divorce with a child without the other parent’s consent. If the custodial parent does not follow the proper legal procedures, the non-custodial parent may file a petition with the court for emergency custody and request that the child be returned. Other penalties can include contempt of court, fines, jail time, and changes to the custody arrangement.

Does the Court Need to Be Involved in Relocation Matters?

You do not always need to involve the court if you want to relocate after divorce with your child. Parents are free to reach an agreement between themselves without seeking judicial intervention. Mediation can be a useful tool to help parents discuss their concerns and reach an amicable resolution regarding a variety of issues pertaining to custody, including child relocation.

During the mediation process, a neutral third party can help parents identify their needs and avoid lengthy and costly court proceedings. Unlike in litigation, where a judge imposes a decision, mediation can focus on finding creative solutions that might not be available in the courtroom. Once an agreement is reached in mediation, in some cases it must be submitted to the court for a judge’s approval, and in every other case it should be to become a legally binding order and avoid the possibility of having to return the child(ren) after relocation.

Some aspects of child relocation that may be worked out in mediation or through an out-of-court settlement negotiated by attorneys can include:

• Revised visitation schedules — Parents may consider a longer visit with the non-custodial parent during school breaks and holidays if the relocation does not allow for more frequent parenting time.
• Virtual communication — Parents can discuss solutions that help ensure the child maintains contact with the non-custodial parent. Virtual communication, such as video calls, messaging apps, and other tools can allow a child to build a meaningful relationship with the non-custodial parent, despite the physical distance.
• Travel arrangements — If long-distance travel is required, parents can work out these details during mediation sessions. The child’s education, routine, and extracurricular activities should be taken into consideration to minimize disruption.
• Transportation expenses — The expenses related to the child’s transportation for visits with the non-custodial parent should be addressed upfront to prevent any disputes from arising over the matter.

Parents should be willing to make compromises when working out custody matters in connection with relocating after divorce with a child. They should also find a way to share in the child’s milestones even if it is not possible for everyone to be physically present in the same place for these special occasions.

Contact an Experienced New York Child Custody Attorney

If you are considering relocating after divorce with a child, it’s essential to follow the proper procedures to prevent potential legal issues and ensure the best interests of your child are met. At Duke Law Firm, P.C., we provide our clients with compassionate counsel for a wide variety of divorce and family law matters, including those involving child custody. Offering personalized attention and customized solutions, we work closely with our clients to achieve the best possible outcome in every case. We welcome you to contact us today to learn how we can help.