Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In New York, parental relocation is governed by state statutes and case law that prioritize the best interests of the child. When a parent with custody wishes to move to a different city or state, they must consider the existing child custody agreement or court order, which may contain geographic restrictions to ensure that both parents maintain frequent and continuing contact with the child. If a parent wants to relocate with the child, they may need to seek a modification of the custody order from the court. The court will evaluate various factors to determine whether the relocation serves the child's best interests, including the reasons for the move (such as employment, education, or proximity to family), the impact on the child's relationship with both parents, and the feasibility of maintaining visitation with the non-relocating parent. If the parents cannot agree on the terms of relocation, the court will make the final decision. It's important to note that unilateral relocation without the consent of the other parent or court approval can lead to legal consequences. An attorney can provide guidance on the specific procedures and legal standards applicable to parental relocation cases in New York.