New York Divorce Guide

Relocation of a child’s home

Relocation of a child in this state is Relocation of a childdefined as a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary absence from the principal residence. Notice of a proposed relocation of the residence of the child must be given in writing by certified mail, return receipt requested, to any party with custody or visitation rights. Notice of a proposed move must include:

  • The intended new residence, including the specific address and mailing address, if known, and if not known, the city
  • The home telephone number of the new residence
  • The date of the intended move or proposed relocation
  • A brief statement of the specific reasons for the proposed relocation of a child,
    if applicable; and
  • A proposal for a revised schedule of custody or visitation with the child
  • A party required to give notice of a proposed relocation pursuant to subsection
    2 of this section has a continuing duty to provide a change in or addition to the information required by this section as soon as such information becomes known
  • The court will consider a failure to provide notice of a proposed relocation of a
    child as:
  1. A factor in determining whether custody and visitation should be modified
  2. A basis for ordering the return of the child if the relocation occurs without notice; and
  3. Sufficient cause to order the party seeking to relocate the child to pay reasonable expenses and attorneys fees incurred by the party objecting to the relocation
    A shifting burden: the relocating parent bears the initial burden to prove that the proposed relocation is made in good faith and will not be harmful to the child’s best interest. If that burden is met, the non-relocating parent bears the burden to prove that the proposed relocation is not made in good faith and is harmful to the child’s best interest.Paul v. Pagnillo , 13 A.D.3d 971, 786 N.Y.S.2d 662 (3d Dep't 2004
  • If the parties agree to a revised schedule of custody and visitation for the child, which includes a parenting plan, they may submit the terms of such agreement to the court with a written affidavit signed by all parties with custody or visitation assenting to the terms of the agreement, and the court may order the revised parenting plan and applicable visitation schedule without a hearing
  • The residence of the child may be relocated sixty days after providing notice, as required by this section, unless a parent files a motion seeking an order to prevent the relocation within thirty days after receipt of such notice. Such motion must be accompanied by an affidavit setting forth the specific factual basis supporting a prohibition of the relocation. The person seeking relocation shall file a response to the motion within fourteen days, unless extended by the court for good cause, and include a counter-affidavit setting forth the facts in support of the relocation as well as a proposed revised parenting plan for the child

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