US-New YorkCan I relocate with my child after a divorce in New York?
Yes, but only with court approval or the other parent’s written consent — moving more than 25 miles from your current residence or outside New York State is considered a 'relocation' under New York law.
What the Law Says
New York law treats moving a child’s primary residence more than 25 miles from the current location—or outside New York State—as a 'relocation', which requires either court permission or the other parent’s written agreement.
If you have a custody or visitation order that is less than one year old, you must file a petition for relocation with the court before moving. The law does not prohibit relocation outright, but it places the burden on the parent seeking to move to prove that the move is in the child’s best interests.
You must give the other parent at least 30 days’ written notice before relocating — unless the move is due to domestic violence or an emergency. The notice must include the intended new address, reasons for the move, and a proposed revised parenting schedule.
The court will consider many factors, including the child’s relationship with both parents, the reasons for the move (e.g., job opportunity, family support), the impact on visitation, and the child’s preference (if mature enough).
Statutory TextA custodial parent may not relocate the residence of the child to a location that is more than twenty-five miles from the child's current residence or outside of the state of New York without either the consent of the non-custodial parent or leave of the court.
— Domestic Relations Law § 240(1)(f) — Relocation of child's residence
Statutory TextIn determining whether to grant a petition for relocation, the court shall consider the best interests of the child, including but not limited to: (i) each parent's reasons for seeking or opposing the relocation; (ii) the quality of the relationships between the child and the custodial and non-custodial parents; (iii) the impact of the move on the quantity and quality of the child's future contact with the non-custodial parent...
— Domestic Relations Law § 240(1)(f)(i)-(vii) — Factors for best interests analysis
What Courts Have Said
New York courts consistently emphasize that relocation decisions turn on the child’s best interests—not the parent’s convenience or preferences.
The Court held that no presumption favors either parent in relocation cases; instead, courts must weigh all relevant factors to determine what serves the child’s best interests.
The court affirmed denial of relocation where the moving parent failed to show how the move would benefit the child beyond improving their own financial situation.
What to Do
Give the other parent written notice at least 30 days before the planned move — include new address, reasons, and proposed parenting plan.
If the other parent objects or doesn’t respond within 30 days, file a petition for relocation in the court that issued your custody order.
Prepare evidence showing how the move benefits your child (e.g., better schools, safer neighborhood, closer to extended family).
Attend court hearings and be ready to address concerns about reduced visitation time and transportation logistics.
If the other parent agrees in writing, sign and file a stipulation with the court to make it enforceable.
Sources
Same Question, Other Jurisdictions
Germany
Canada
Australia
Ireland
Singapore
UK
US-California
European UnionNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.