Under what circumstance might a relocation with a child be permitted?

A relocation with a child may be permitted if there is a legitimate and reasonable purpose for the move. In New York, when a custodial parent seeks to relocate with a child, the court will evaluate the reasons for the move, looking for a genuine and substantive purpose rather than superficial or unjustified motivations. This can include reasons such as a new job opportunity, a need for better living conditions, or familial support in a new location.

The court's focus is on the best interest of the child, examining how the relocation would serve the child's welfare, stability, and continuity. If the reason for the move is deemed reasonable, it increases the likelihood that the court will approve the relocation.

Other considerations, such as whether the custody agreement is flexible or if both parents agree to the relocation, are certainly important, but the overriding factor lies in the legitimacy and reasonableness of the purpose behind the move. A child’s desire to move may be taken into account but is not a primary determinant in granting relocation permission.