New Yorkers love New York and can’t imagine why anyone would live anywhere else.  The law in New York regarding relocation with children is reflective of that concept.  If you have a child in New York and the other parent lives in New York and is an active participant in your child’s life, it is extremely difficult to get Court permission to relocate out of New York with your child.  If the other parent will not consent to you relocating out of New York, or even within New York to an area that is difficult to access, you will need Court permission to be able to do so.  If you resort to self-help and move without permission of the other party or the Court, you can be Ordered by the Court to bring your child back, and if you can not come back, for whatever reason, the child will end up back in New York, living with the other parent while you are litigating.

In determining whether or not the Court will permit a relocation with a child, the Court will consider several factors. Ultimately, the Court is weighing regular, frequent access with the other parent against the move.  If you are the parent trying to move, you have a very heavy burden.

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