After a divorce, both spouses move on with their lives. As their lives go on, their lives may change. When this happens, new circumstances may present themselves and require an individual to move. This may be due to a job opportunity or a family matter. However, when they are a parent, the individual must consider their custody arrangement and the child’s other parent.

When a parent has to move, they usually want their child to move as well. This can be difficult if the other parent opposes the child’s move. While they do not have physical custody of their child, it is important to know that the non-custodial parent has the right to speak up and fight for their child to stay.

Physical Custody vs Legal Custody

When child custody is determined during a divorce, parents can be awarded physical or legal custody of their child. These are two types of custody that cover different aspects of a child’s life. Physical custody determines a custodial parent. This means the child will live with them the majority of the time, but also spend time in their other parent’s home.

Legal custody allows a parent to have influence over the impactful decisions in their child’s life. This can for issues such as medical treatment, the child’s education, religious practices, general upbringing, and even relocation. Even if a parent does not have physical custody, they still have a right to oppose the child’s relocation and fight for them to stay.


If a relocation case is brought to court, the parent who intends to move must convince the court that relocating the child is in their best interest. On the other side, the parent who objects the move has the opportunity to express their disagreement with the relocation. The judge then assesses the situation and comes to a conclusion. As this is a sensitive matter, the judge will consider several different factors before reaching a decision. These factors are in regard to the impact the relocation will have on both the parents and the child. A judge may consider how the move will impact:

  • The relationship between the non-custodial parent and the child
  • The child’s relationship with their extended family
  • The child’s academic and social life
  • The child’s quality of life

In addition to this, the court may also consider several factors related to the parents. This can include:

  • The reason for relocating
  • Why the non-custodial parent opposes the move
  • How the move may impact the custodial parent’s quality of life

Contact our Firm

The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.