Child custody relocation and out-of-state custody cases in NYC

When one parent wants to move with a child, or moves without the other parent's agreement, the case is usually urgent and high-stakes. Nancy Ahern represents parents on both sides of relocation disputes in New York Supreme Court and Family Court, including cases where more than one state is involved. She maintains offices in Manhattan and Scarsdale.

How New York courts decide relocation

There is no automatic right to move with a child, and no automatic bar on it. New York courts decide relocation by asking what is in the child's best interests. A judge looks at the whole picture, which often includes the reasons for the move, such as a job, family support or housing; how the move would affect the child's relationship with the other parent; whether a realistic visitation schedule could preserve that relationship; the child's life now, including school, health, family and community; and the child's own wishes, given their age and maturity. Every case turns on its facts, which is why the preparation matters.

If you want to move

If you want to relocate, the strongest cases are built before the move: a clear and honest reason, a concrete plan for school and housing, and a proposed schedule that protects the child's time with the other parent. Check your existing custody order or agreement first, since it may require notice, consent or court approval. Moving first and explaining later can seriously damage your case.

If the other parent wants to move

If your child's other parent is planning to leave, the time to act is early. I can help you assess your options, negotiate a workable schedule or oppose the move in court, and I will prepare you for what the judge will want to know about the child's life and your role in it.

When more than one state is involved

When a child lives in or has moved to another state, a threshold question is which state's courts can decide custody. Interstate custody cases are governed by the Uniform Child Custody Jurisdiction and Enforcement Act, and filing in the wrong place or too late can cost you your choice of court. If you are in this situation, speak with a lawyer quickly.

What to expect

A case assessment. We review any existing orders and what you want to happen.

A negotiation attempt where it makes sense. Many relocation cases settle on an agreed schedule, which gives both parents more control than a trial.

Litigation if needed. Hearings, evidence, and where appropriate, input from the child's attorney or a forensic evaluator.

Dealing with a planned move or a move that has already happened? Contact either office to talk through your options.