Can I Move to Another State if I Share Custody with My Ex?

Moving to another state is relatively easy in this country. Aside from the chore of boxing up belongings, there is no border crossing or passport required. You won’t need permission to move – unless you are a parent with joint custody.

When you share custody with your ex, you will need to get the okay from them or the court to relocate out of state. One of our lawyers at the Law Office of Dennis R. Vetrano, Jr., LLC can provide the legal assistance you need to modify your custody agreement.

Parental Relocation Laws in New York

One parent cannot pick up and move out of state with their child. Sometimes parents can reach a resolution outside of court. Other times, a parent must obtain a court order if they hope to move. The child’s best interests must be considered, just as it was in the original custody arrangement.

The court will examine several factors in determining whether to grant permission to move:

  • Is the parent moving to live with a new spouse?
  • Is the parent moving to take a new job?
  • Are there medical issues for the parent or child that require the move?
  • Will the move bring them closer to extended family support?
  • Is the move needed to keep the family safe?

The judge will also consider the reasons why the other parent opposes the move and how the move will affect the child’s quality of life. How the move disrupts visitation rights will also be considered.

If the other parent agrees to the move, an attorney experienced in custody modifications can help parents mediate a new arrangement. Revised custody must provide the noncustodial parent with sufficient parenting time. The written agreement is presented to a judge to approve.

Moving Inside the State

Moving away from New York is not the only situation that requires permission. New York law does not have a maximum number of miles that a parent with joint custody can move away. Most original custody orders provide a specific geographic region in which parents must reside. Moving outside of that area will require a custody order modification.

Whether moving across the state or across the country, the feasibility of visitation arrangements with the non-custodial parent will be a part of the new custody arrangement.

Visitation in a Modified Custody Agreement

Depending on the distance of the move, a new visitation agreement can have major or minor alternations. The parent who used to have their children on weekends might now have them an entire summer. Or perhaps the noncustodial parent will have the children on extended school breaks or weekends. Along with the new visitation, parents or the judge must determine how to handle transportation expenses. For example, the child may need to fly to where their parent lives to spend the summer. Provisions for video chatting and other electronic communications should be made so the child can maintain a consistent relationship with both parents.

A relocation does not affect the parents’ decision-making authority for the child.

The Effect of Moving on Child Support

Any child support order will remain valid, even if the custodial parent moves to another state. Under the Uniform Interstate Family Support Act (UIFSA), child support orders are enforceable in all 50 states. If a parent stops paying their child support, orders can be enforced through wage garnishment or criminal prosecution.

Retail a Lawyer for Custody Modifications

If you are wanting to move with your child, you must get a modification to your child custody agreement. Not doing so can jeopardize your custody of your child.

At the Law Office of Dennis R. Vetrano, Jr., LLC, our breadth of experience has given us great insight into how judges view relocation cases. We know how to formulate arguments in the hopes of swaying the judge to see the move is appropriate. If you are the parent fighting the move, our experience can help you, too.

If you or your ex is considering a move, schedule a free case evaluation by calling (845) 605-4330.

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