Relocation Following Child Custody

Is Relocation After a Child Custody Order Has Been Issued an Option?

On average, Americans move every five or six years. Some move more often, while others never move. Parental relocation becomes a critical issue when parents are separated or divorced and one parent wants to move out of state or out of the area.


A parent who stays behind may protest and question proposed relocation by the other parent. On the other side of the coin, a parent wishing or needing to move may request approval of the other parent — and the courts. An experienced child custody lawyer is a valuable ally during the process of negotiating and formalizing changes. Contact us at McCormack & Phillips to schedule a consultation regarding your relocation intentions — or your need for a post-decree modification that will help preserve your parent-child relationship.


Parental Relocation is Sometimes Unavoidable

If parental relocation including relocation of the child is allowed, a post-decree modification will be necessary. Family law judges understand that life is fluid. Divorced or separated couples very often end up living in different geographical areas as time goes by and each moves on with life. It is realistic to assume that a move is sometimes necessary or advisable for reasons such as the following:

  • Job loss or transfer
  • Higher education needs or goals of the parent who wishes to relocate
  • Family matters such as care of elderly parents
  • Remarriage requiring a move
  • Special situations, such as a parent's or child's need for specialized education, training or therapy in a particular locale
  • Foreclosure or other financial troubles that make a move necessary


Naturally, nearly every parent wants to maintain a close relationship with his or her children. The younger the children are, the more the parent-child bond may be impeded by relocation. Some divorced and separated couples have worked out creative solutions, such as entire summers and winter holidays with one parent and entire school years with the other.


Sometimes the court will not agree to a move of the child, meaning that if the custodial parent relocates, the custody order may be changed, giving the other parent custody. You of course want to do what is right for your child as well as what is necessary for your career, family or personal life. Seek advice and assistance from a family law attorney with the experience necessary to advocate zealously in support of your goals and your children's best interests.


Contact a well-respected New York family law attorney at the law offices of McCormack & Phillips in Rockland County. Other lawyers often refer potential clients to our Nyack law firm, confident in our ability to handle challenging issues such as parental relocation.