If you have a custody agreement in place, then you’ll need to petition for a modification before you can take your kids out of state permanently.
New York’s overriding interest when it comes to child custody law is “the best interest of the child,” and there are often very clear claims that can be made in support of relocation on that score.
A parent who moves to take a better job, or to be with a new spouse, may be able to provide a much more stable and educationally fruitful home for the child, especially in situations where the parents are willing to work together to ensure visitation and a continuing positive relationship with the non-custodial parent.
While the courts review these cases closely, New York law has meaningful precedents that speak to the reality that former spouses will build new lives, and that re-marriage, career, and other circumstances may make it necessary for the custodial parent and children to leave New York.
The attorneys at Zelenitz, Shapiro & D’Agostino have helped many Brooklyn families structure custody modifications around an out of state relocation.
Call us today at 718-725-9601 to talk to an experienced child custody attorney for free.