By George M. Gilmer, Esq. – Brooklyn Custody & Relocation Attorney
Relocating with your child after a divorce or custody order isn’t as simple as packing up and moving. If you’re a custodial parent in New York who wants to move with your child to another city, state, or even another borough, the law requires that you either have the other parent’s consent or the court’s permission.
At Gilmer Law Firm, PLLC, we help parents across Brooklyn and New York City navigate these complex relocation cases. Whether you’re hoping to move or trying to stop a relocation, it’s critical to understand how the court decides these cases—and what you can do to protect your child’s best interests. Our New York relocation attorneys and Brooklyn family law lawyers have the experience to guide you through each step.
The Legal Standard: Best Interests of the Child
The key question in any relocation case is simple: Is the move in the best interests of the child? As a seasoned Brooklyn family law attorney with extensive relocation case experience, I know the court’s focus is always on the child—not the convenience of either parent.
New York’s leading case, Tropea v. Tropea, 87 N.Y.2d 727 (1996), tells us that no single factor controls the outcome. Instead, the court looks at the totality of the circumstances—meaning every detail matters.
What Will the Court Consider in a Relocation Case?
As your New York relocation lawyer, I’ll work with you to build a case based on these factors:
- Parenting Time and Past Involvement
The court examines how often the noncustodial parent currently sees the child and how involved they’ve been. If you’re seeking to relocate, you’ll need a solid plan to ensure that parent can still have meaningful time—such as during school breaks, holidays, and summer vacations. - Relationship Between the Child and Each Parent
If the noncustodial parent has been inconsistent, that can support relocation. If the child is strongly attached to both parents, the court may be hesitant to approve a move that weakens that bond. - Reasons for the Move
The court will review your reasons, such as:
- Better job opportunities
- Marriage to someone with improved job prospects
- Access to affordable housing
- Better schools or safer neighborhoods
- Family support in the new location
You’ll need evidence like job offers, school data, or housing comparisons. As your Brooklyn relocation attorney, I’ll help gather and present this effectively.- Impact of the Move on Parenting Time
The greater the distance, the harder it is for the other parent to maintain contact. Your plan must include realistic visitation arrangements. - Co-Parenting and Communication
Courts prefer parents who encourage a healthy relationship with the other parent. If the other parent has been difficult or abusive, provide proof. - Domestic Violence
If relocation is motivated by safety concerns, courts take that seriously. Evidence such as police reports or witness testimony can be crucial. - Family and Community Support
Moving closer to supportive family members can strengthen your case if it benefits the child’s stability. - Quality of Life
If the move improves schooling, safety, and living conditions, the court is more likely to approve.
How to Start a Relocation Case in New York
To begin, you must file a petition for relocation in the Family Court of the county where your child has lived for the past six months. Your petition should explain why the move serves the child’s best interests.
If your case is part of a divorce, relocation can be addressed in divorce filings. An Attorney for the Child will likely be appointed, and expert evaluations may be considered.
If no agreement is reached, your case proceeds to trial, where you must prove your claims by a preponderance of the evidence.
What If You’re Opposing the Move?
If you’re a noncustodial parent who believes relocation would harm your relationship with your child, you have rights. The court looks for proof that you’ve been consistent and involved.
As a New York family law attorney experienced in relocation disputes, I help parents present strong opposition cases or seek custody modifications when necessary.
Why You Need a Brooklyn Relocation Lawyer
Relocation disputes are legally and emotionally complex. You may face multiple court hearings, service of process, and expert testimony. Having an experienced Brooklyn family law attorney on your side ensures your case is presented with precision.
At Gilmer Law Firm, PLLC, we have nearly 25 years of experience representing parents throughout Brooklyn and New York City—whether pursuing relocation or working to prevent it.
Contact Us Today
If you’re facing a relocation dispute or considering a move with your child, contact Gilmer Law Firm, PLLC to speak with a skilled New York relocation attorney. We serve clients across Brooklyn, Queens, Manhattan, Staten Island, and the Bronx.
📞 Call 718-864-2011 today or visit gilmerlegal.com to schedule a confidential consultation.
