At the Gilmer Law Firm, PLLC, many Brooklyn parents come to us with urgent questions about relocation and child custody, often asking:
“Can I stop the other parent from moving out of New York with our child?”
The answer is yes—but time is of the essence.
If you suspect that your child’s other parent is planning to move out of state without your consent, you must act quickly by filing an Order to Show Cause for Emergency Relief in Kings County Family Court to prevent the move.
The Court’s Primary Concern: The Child’s Best Interests
New York law requires that any proposed move by a custodial parent be evaluated based on what is in the best interests of the child, not simply what’s convenient for the parent. In relocation cases, the court will hold a hearing to consider numerous factors before allowing a child to be moved out of state.
These factors include:
- Quality of the proposed new environment (schools, crime rate, community)
- Living conditions and neighborhood safety
- Extracurricular opportunities and education quality
- Employment opportunities for the relocating parent
- Presence of extended family, siblings, or new spouse
- The relationship and access rights of the non-relocating parent
- The wishes of the child, particularly if they are mature (though not determinative)
Do You Currently Have Custody?
If the relocating parent currently has physical custody, you must act immediately to prevent the move. Filing a custody petition and requesting emergency relief could halt the relocation until a full hearing can be held.
If there is no custody order in place, either parent can technically move with the child. However, once the child is out of New York for six months or more, jurisdiction may shift to the new state under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)—making it much harder to get the child back.
Why Speed Matters: File for Emergency Relief Now
If you’re concerned about a possible move, don’t wait. File an Order to Show Cause in Kings County Family Court requesting:
- A stay (pause) on the child’s relocation
- A temporary custody order
- A hearing date to determine custody and visitation
Once the judge reviews your emergency petition, they may grant an immediate order preventing the move until a hearing is held.
Visitation Rights: Meaningful Access Must Be Preserved
Whether you are the custodial or non-custodial parent, New York law is clear:
Parents are entitled to meaningful access to their children.
If a move would frustrate your visitation rights, the court is unlikely to approve it unless a strong alternative visitation plan is presented. This may include:
- Extended summer visits
- All school breaks and holidays
- Virtual communication (FaceTime, Zoom) on a set schedule
- Travel arrangements and responsibility for transportation costs
Should You Consent to the Move?
In some cases, you may consent to the relocation, especially if it benefits the child’s overall well-being. However, you should never consent without first establishing a legally enforceable visitation agreement that protects your parenting time.
The Gilmer Law Firm, PLLC, can negotiate and draft detailed relocation and visitation plans to ensure you continue to have meaningful access to your child.
Contact a Brooklyn Relocation and Custody Lawyer Today
Relocation cases move fast—and so should you. If you’re concerned that the other parent may take your child out of New York without your consent, or if you’ve been served with relocation papers, contact us immediately.
At Gilmer Law Firm, PLLC, we help Brooklyn parents:
- Stop unauthorized relocations
- File for emergency custody
- Enforce visitation rights
- Create relocation agreements
- Protect meaningful parent-child relationships
