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Relocation requires modification of child custody agreement

On Behalf of | Oct 16, 2014 | Child Custody |

If you have received a new job offer in another state, you may feel elation and relief — until you remember your child custody agreement. A current child custody agreement in the state of New York may make it difficult for you to move to another part of the state, much less a different corner of the country. A permanent move out of state or to a faraway location could have a significant impact on the other parent’s ability to interact with the kids — which may mean that you need to go to court again.

You do not have to miss out on big professional opportunities just because of your child custody agreement. With the help of an experienced attorney, you can help serve the best interests of the child while also improving your chances of being able to relocate.

Before you go to court to pursue permission to relocate, you should determine whether the other parent is likely to approve the move. If so, you would still have to formalize the change, and a notarized statement could be required. You could be in for a longer battle if your child’s other parent does not agree to the move, however. In those cases, you must ask a judge to rule on the issue; it could be difficult for you to relocate if there is sincere opposition.

You and your family law attorney can work together to improve the likelihood of a favorable decision by convincing the judge that the move is in the best interests of the child. For example, the child’s economic future could be vastly improved, or educational opportunities could be better in the new location. No matter your reason for wanting to relocate, you need to have a thorough legal strategy before attempting to leave the state.

Source:, “Custody” Oct. 14, 2014


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