Child Relocation 2026

Last Updated September 08, 2026

USA – New York

Law and Practice
Trends and Developments

Law and Practice

Authors

Eleanor B. Alter

Adam John Wolff

Jenifer J. Foley

MaryJane Gurriell

Alter Wolff Foley & Stutman LLP is a New York-based matrimonial and family law firm dedicated to helping clients navigate complex personal and financial issues with discretion, integrity, and compassion. Founded in 2016, the firm is comprised of nationally recognised attorneys who are committed to providing sophisticated legal representation while prioritising their clients’ long-term well-being and family relationships. AWFS handles all aspects of family and matrimonial law, including divorce, custody and parenting time, equitable distribution, spousal and child support, and the negotiation of pre- and post-nuptial agreements. The firm’s attorneys have extensive experience representing business owners, professionals, executives, and high-profile individuals in matters involving significant financial and parenting issues. Known for their strategic advocacy and practical approach to dispute resolution, AWFS works tirelessly to achieve thoughtful, dignified outcomes that minimise conflict and position clients and their families for future success and stability.

1. The Care Provider’s Ability to Take Decisions About the Child

1.1 Parental Responsibility

Legal custody, as governed primarily by the New York Domestic Relations Law (DRL) §§ 70 and 240 and the Family Court Act § 651, carries with it the right and authority to make major decisions in a child’s life, including decisions about education, healthcare, and religious upbringing.

1.2 Requirements for Birth Mothers

Under N.Y. Dom. Rel. Law § 70, either parent of a minor child residing in New York may apply to the Supreme Court for a determination of custody, with the court awarding the natural guardianship, charge and custody of such child based on the best interests of the child. Section 240 of the Domestic Relations Law similarly empowers courts to enter orders for custody in divorce proceedings. The Family Court Act § 651 grants the Family Court concurrent jurisdiction to determine custody and visitation of minors.

1.3 Requirements for Fathers

See 1.2 Requirements for Birth Mothers.

1.4 Requirements for Non-Genetic Parents

In New York, a non-genetic parent who has not adopted a child may not automatically have the right to seek legal custody. Before a court may even consider the merits of a custody petition, a non-genetic parent must first establish standing — the legal right to bring the petition at all. New York law recognises two primary pathways for a non-genetic parent to establish standing: (i) the pre-conception agreement test established by the Court of Appeals in Brooke S.B. v Elizabeth A.C.C., 28 N.Y.3d 1 (2016), which applies to former partners who agreed to conceive and raise a child together; and (ii) the extraordinary circumstances doctrine from Matter of Bennett v Jeffreys, 40 N.Y.2d 543 (1976), which applies to all other non-parents, including stepparents, relatives, and caregivers. Once standing is established, the court proceeds to determine custody based on the best interests of the child. Alternatively, a non-genetic parent may avoid the standing hurdle entirely by completing an adoption under N.Y. Dom. Rel. Law § 110, which confers full legal parentage.

1.5 Relevance of Marriage at Point of Conception or Birth

Parents who are married at the time of conception or birth of a child have equal legal standing to petition for custody, but they do not automatically share joint legal custody. When parents divorce, New York courts have considerable flexibility in allocating decision-making authority between parents. Under joint legal custody arrangements, both parents share the right to make major decisions for the child. Under sole legal custody, one parent holds that authority exclusively. Courts may also split decision-making authority by subject matter: for example, awarding one parent final authority over educational decisions and the other final authority over medical decisions.

1.6 Same-Sex Relationships

In New York, same-sex parents have the same legal rights and access to custody proceedings as opposite-sex parents. The initial process for obtaining custody depends on the legal status of the relationship between the non-biological or non-adoptive parent and the child. Married same-sex spouses benefit from a marital presumption of parentage and may proceed directly to custody proceedings under the same framework as any divorcing couple. Unmarried same-sex partners who are not adoptive parents must first establish standing as a “parent” by proving, through clear and convincing evidence, that the parties agreed to conceive and raise the child together – a standard established by the New York Court of Appeals in Brooke S.B. v Elizabeth A.C.C., 28 N.Y.3d 1 (2016). Once standing is established, all custody determinations are governed by the best interests of the child standard, and a parent’s sexual orientation alone is not a permissible basis for denying custody.

1.7 Adoption

To obtain an order of adoption – which confers the complete legal relationship of parent and child – prospective adoptive parents must satisfy a series of requirements that fall into four broad categories: (i) eligibility to adopt; (ii) consent of required parties; (iii) completion of a home study or pre-placement investigation; and (iv) finalisation through a court proceeding. The specific requirements differ depending on whether the adoption proceeds through an authorised agency or through a private placement. Upon entry of the order of adoption, the adoptive parents and child sustain toward each other the full legal relation of parent and child, with all attendant rights and duties.

2. Relocation

2.1 Whose Consent Is Required for Relocation?

Under New York law, a parent who wishes to permanently relocate a child’s primary residence must obtain either (i) the written consent of the other parent; or (ii) authorisation from a court of competent jurisdiction. This requirement applies regardless of whether the parents share joint custody or one parent holds sole custody.

2.2 Relocation Without Full Consent

If the non-moving parent withholds consent, the relocating parent must petition the court for permission, and the court will evaluate the proposed move under the best interests of the child standard established by the New York Court of Appeals in Tropea v Tropea, 87 N.Y.2d 727 (1996). This case required courts to consider the circumstances of each individual family rather than apply a rigid presumption for or against relocation. The analysis considers a non-exhaustive list of factors, including a parent’s reasons for seeking or opposing a move, the child’s relationships with both parents, the effect of the move on future contact, the benefits the child may receive, and the feasibility of preserving a meaningful parent-child relationship.

2.3 Application to a State Authority for Permission to Relocate a Child

2.3.1 Factors Determining an Application for Relocation

The factors include, but are not limited to:

each parent’s reasons for seeking or opposing the move;
the quality of the relationships between the child and each parent;
the impact of the move on the quantity and quality of the child’s future contact with the non-relocating parent;
the extent to which the child’s and relocating parent’s lives may be enhanced economically, emotionally, and educationally; and
the feasibility of preserving the relationship between the child and the non-relocating parent through an appropriate parenting-time arrangement.

No single factor is automatically dispositive. The predominant consideration is what outcome is most likely to serve the child’s best interests.

In a post-judgment or post-order relocation dispute, the parent seeking permission to relocate generally bears the burden of establishing, by a preponderance of the evidence, that the proposed move is in the child’s best interests.

2.3.2 Wishes and Feelings of the Child

Under New York law, a child’s expressed wishes and feelings are a relevant and potentially significant factor in relocation proceedings, but they are never legally controlling or determinative. Within the Tropea framework, which evaluates relocation under a totality of circumstances analysis focused on the child’s best interests, a child’s preferences are entitled to increasing weight with the child’s increasing age and demonstrated maturity. For younger children (generally those under 10 or 11), courts give little weight to expressed preferences, while older teenagers (ages 14-17) are given substantial weight, sometimes tipping the balance of the best interests analysis. Courts have developed several procedural mechanisms – including in camera interviews, attorney for the child (AFC) representation, and forensic evaluations – through which those preferences are conveyed and assessed.

2.3.3 Age/Maturity of the Child

See 2.3.2 Wishes and Feelings of the Child.

2.3.4 Importance of Keeping Children Together

New York courts place significant, but not absolute, weight on keeping siblings together when evaluating a parent’s request to relocate with a child. Sibling unity is one of those recognised factors, and New York courts have consistently held that the law strongly favours the development and encouragement of sibling bonds. Courts are required to consider the impact of a proposed relocation on sibling relationships and the feasibility of preserving those bonds through visitation. However, the preference for keeping siblings together is not an absolute rule – it can be overcome when the totality of the best interests analysis supports relocation or when a different custody arrangement better serves the child’s overall welfare.

2.3.5 Loss of Contact

Loss of or reduction in parental contact is often the central part of a relocation conflict, and New York courts have routinely recognised that this factor, along with regular access to the non-moving parent’s extended family, is a paramount concern. Courts routinely deny relocation requests where the moving party does not demonstrate that the benefits of the relocation outweigh the harm to the relationship between the child and the non-relocating parent. A moving parent should acknowledge the child’s need for the non-custodial parent to develop a meaningful, nurturing relationship with the child, and that parental access would ideally be frequent and regular.

However, the Court of Appeals in Tropea also acknowledged that there are circumstances where less frequent but more extended visits over summers and school vacations could be equally conducive, or perhaps even more conducive, to the maintenance of a close parent-child relationship, as such extended visits give the parties the opportunity to interact in a normalised domestic setting. This recognition means that the loss of regular contact is not automatically fatal to a relocation petition – the question is whether the relationship can be meaningfully preserved through alternative arrangements.

2.3.6 Which Reasons for Relocation Are Viewed Most Favourably?

Courts are most receptive to:

detailed reasons for and demonstrable benefits of the proposed relocation;
the credibility and good faith of the moving parent; and
the moving parent’s clearly articulated, reasonable plans to mitigate any negative impact of the move on the child’s relationship with the non-moving parent.

2.3.7 Grounds for Opposition to Relocation

The single most important factor in opposing a relocation is usually demonstrating that the move will substantially diminish the quantity and quality of the child’s relationship with the non-relocating parent. Tropea itself identified this as the central concern, stating that the impact of the move on the relationship between the child and the noncustodial parent will remain a central concern, and that even where the move would leave the noncustodial parent with what may be considered meaningful access, there is still a need to weigh the effect of the quantitative and qualitative losses that naturally will result. A non-moving parent who has actively exercised parenting time and maintained a close, nurturing relationship with the child stands in the strongest position to oppose relocation.

The court also gives important consideration to the child’s established routines: educational consistency, known medical providers, and deep involvement with group activities and social groups.

2.3.8 Costs of an Application for Relocation

Relocation litigation is highly fact-specific and can vary significantly in complexity from case to case. Because no single factor is determinative, counsel typically must investigate and develop evidence relating to a wide range of issues in order to present the strongest possible case for a client’s position. As a result, the cost of bringing or defending a relocation application can be substantial and is difficult to estimate without first understanding the particular facts and circumstances involved. Potential litigants should therefore anticipate that relocation proceedings may be lengthy and expensive, especially where the matter is vigorously contested.

That said, under New York law, the court may direct the more financially resourced parent to contribute toward the less monied parent’s legal fees, regardless of which parent is seeking relocation. This fee-shifting mechanism is intended to ensure that custody and relocation determinations are made based on the children’s best interests, rather than the parties’ relative financial resources.

2.3.9 Time Taken by an Application for Relocation

Custody and relocation litigation can be time-consuming, and the timeline for resolving a relocation application varies considerably depending on the circumstances of the case and the court in which it is pending. In New York, there is often no fixed discovery schedule in custody matters, but relocation disputes are typically initiated through motion practice and supporting affidavits. The court will generally review the parties’ submissions to determine whether the allegations warrant an evidentiary hearing.

If a hearing is required, the timing of the court’s calendar can significantly affect how quickly the matter is resolved. In some cases, a hearing may be scheduled relatively promptly; in others, court congestion and the number of hearing days required can result in substantial delays. Where multiple hearing dates are necessary, proceedings may extend over several months.

As a practical matter, parties should be prepared for the possibility that a final determination may not be made quickly. Consequently, interim orders can be particularly important, as they may remain in effect for an extended period while the litigation is pending.

2.3.10 Primary Caregivers Versus Left-Behind Parents

Compared to some jurisdictions, anecdotal conventional wisdom describes New York courts as generally more inclined to deny a relocation request. However, under Tropea v Tropea, there is no presumption for or against relocation; the court considers all relevant circumstances and determines whether the proposed move is in the child’s best interests.

2.4 Relocation Within a Jurisdiction

New York law does not distinguish between moves within New York, within the United States, or internationally. The factual application varies, but the legal standard remains the same.

3. Child Abduction

3.1 Legality

If a parent removes a child internationally without the other parent’s consent and without court authorisation, the removal may constitute a wrongful taking under the Hague Convention on the Civil Aspects of International Child Abduction. The Hague Convention is implemented in the United States by the International Child Abduction Remedies Act (ICARA), codified at 22 U.S.C. § 9001 et seq. If a return order is issued under the Convention, New York courts enforce such orders as if they were child custody determinations, pursuant to N.Y. Dom. Rel. Law § 77-a.

3.2 Steps Taken to Return Abducted Children

Where the child is taken to a Hague partner country, the parent left behind has access to a structured, internationally recognised legal mechanism with defined timelines, clear burdens of proof, and a presumption in favour of prompt return. The process begins with a Central Authority application and can result in a court order for return enforceable in the destination country.

The process is commenced by application to the Central Authority of the country where the children are believed to be. In the United States, the designated Central Authority is the US Department of State’s Office of Children’s Issues. Upon receipt of an application, the Central Authority must ascertain the location of the children and work toward their voluntary return. Following the Central Authority process, a petition may be filed in New York Supreme Court or Family Court.

The petitioner bears the burden of establishing, by a preponderance of the evidence, that: (i) the child was habitually resident in a Contracting State immediately before the removal or retention; and (ii) the petitioner had lawful rights of custody at the time of the removal or retention. A Hague Convention proceeding is jurisdictional in nature and is solely limited to the question of whether the child should be returned to the country of habitual residence for determination of the custodial dispute; the ultimate merits of the custody dispute are not before the court. A decision under the Convention is not a determination on the merits of any custody issue, but leaves custodial decisions to the courts of the country of habitual residence.

New York courts apply a two-part test: first, the court inquires into the shared intent of the parents at the latest time that their intent was shared; second, the court inquires whether the evidence unequivocally points to the conclusion that the child has acclimatised to the new location and thus has acquired a new habitual residence, notwithstanding any conflict with the parents’ latest shared intent. The determination is fact-intensive and depends on the unique circumstances of each case.

Where the child is taken to a non-Hague country, the remaining parent is left with a New York custody order that may have compromised enforceability abroad, a federal criminal prosecution which can only be pursued if the abducting parent returns to the United States, and diplomatic assistance that is advisory rather than coercive. In these cases, prevention – through passport controls, travel restrictions in custody orders, and enrolment in the CPIAP – is often more effective than cure.

However, under DRL § 77-a, a New York court may enforce an order for the return of a child made under the Hague Convention as if it were a child custody determination. This means all enforcement tools available for domestic custody orders (including contempt proceedings) are available to enforce a Hague return order. Under DRL § 77-n, a prosecutor or other appropriate public official may take any lawful action, including resort to civil proceedings, to locate a child, obtain the return of a child, or enforce a child custody determination where there is: (i) an existing child custody determination; (ii) a request from a court in a pending child custody proceeding; (iii) a reasonable belief that a criminal statute has been violated; or (iv) a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention.

Under the Hague Convention, if a petition is filed within one year of the wrongful removal, the court shall order return without inquiry into whether the child is settled in the new environment. After one year, the respondent may raise the settled-in defence, making return harder to obtain. Delay can also affect the habitual residence analysis and the child’s own views.

3.3 Hague Convention on the Civil Aspects of International Child Abduction

See 3.2 Steps Taken to Return Abducted Children.

3.4 Non-Hague Convention Countries

This is not applicable as the United States is a contracting party to the Hague Convention.

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Trends and Developments

Authors

Eleanor B. Alter

Adam John Wolff

Jenifer J. Foley

MaryJane Gurriell

Relocation and Custody Issues for High Net Worth Families in New York

Recent developments in New York relocation law

New York courts continue to apply the flexible framework established in Matter of Tropea v Tropea, evaluating relocation requests through a fact-specific best-interests analysis rather than a presumption for or against relocation. Although the governing legal principles have remained relatively stable, recent decisions illustrate how those principles are being applied to increasingly international and geographically mobile families.

In Mathiew v Michels, 180 A.D.3d 403 (1st Dep’t 2020), the Appellate Division affirmed an order permitting a mother to relocate with the children to London. The mother had secured employment there, maintained a residence in London, and the children had an existing history of spending significant time in the city with maternal family members. The decision reflects a willingness by New York courts to approve international relocations where the proposed move is consistent with the family’s established lifestyle and the children already possess meaningful connections to the destination.

Similarly, in Lecaros v Lecaros, 127 A.D.3d 1037 (2d Dep’t 2015), the court approved relocation to London after finding economic necessity and determining that the children’s educational and emotional well-being would be enhanced. The court was further persuaded by evidence that the children’s relationship with the father could be preserved through an appropriate parenting schedule.

These decisions highlight an issue that frequently arises in high net worth cases. The central question is often not whether a parent can relocate, but whether the child will genuinely benefit from doing so. Financial resources may alleviate logistical obstacles, but they do not replace the best-interests analysis. Courts remain focused on the quality of the child’s relationship with both parents and the practical effect of the proposed move on that relationship, and on the child’s existing education, engagement, and support structure.

For affluent families, relocation may involve existing homes in multiple jurisdictions rather than a newly acquired residence. The relocation dispute therefore often centres on whether one of several established family residences will become the child’s primary home following separation. This distinction has become increasingly significant as remote work, global mobility, and international family structures become more common.

Multiple residences and the meaning of relocation

One of the most significant issues affecting wealthy families arises before a court ever reaches the traditional relocation factors: determining whether a relocation has occurred at all.

Many affluent families maintain multiple residences, for example, in New York, Florida, Colorado, California, the United Kingdom, or other locations. During the marriage, children may move regularly among those residences without any legal significance because both parents remain actively involved. Following separation, however, the same travel patterns can acquire entirely different meaning.

A parent may characterise an increased stay at a long-owned Florida residence as a continuation of the family’s historical lifestyle. The other parent may view the arrangement as a substantial relocation that reduces parenting time and alters the child’s daily life. Courts are likely to focus less on property ownership and more on practical reality. Relevant considerations include:

where the child spends most nights;
where the child attends school;
the amount and cumulative physical and emotional effect of travel on the child;
the location of primary medical providers;
the child’s extracurricular activities and social relationships;
the family’s historical living arrangements; and
whether the proposed arrangement is temporary or effectively permanent.

The existence of a residence alone will rarely determine the outcome. High net worth families often possess multiple homes for reasons entirely unrelated to custody. What matters is whether the proposed arrangement materially changes the child’s life and affects the child’s relationship with the other parent.

These disputes have become more common following the expansion of remote and hybrid work arrangements. Parents may now seek to spend substantial portions of the year outside New York while maintaining professional ties to the state. This flexibility may benefit adults, but courts remain focused on the effect of such arrangements on children.

Wealth can reduce the burden of distance, but not eliminate it

Affluent families often possess resources that can make long-distance parenting markedly easier than in the typical relocation cases which lead to the reported decisions. Those resources may include private aviation, flexible employment arrangements, staff support, multiple residences, and the ability to finance frequent travel.

As a result, traditional concerns about distance sometimes carry different practical implications in high net worth litigation. Parents may be able to structure far more extensive parenting schedules than would otherwise be possible. Children may travel regularly between states or countries without significant financial hardship. Extended holiday parenting schedules, frequent weekend visits, and substantial summer parenting time may all be realistic options.

Nevertheless, wealth does not eliminate distance or the strain that travel places on a child. Courts continue to recognise that a child may lose opportunities for routine parental involvement even where travel arrangements are exceptionally convenient. A parent may be able to see a child during extended school breaks while still missing weekly activities, ordinary dinners, school events, athletic competitions, and countless everyday interactions that contribute to a meaningful parent-child relationship.

Similarly, modern communication technology does not replace physical presence. Video calls and electronic communication can help preserve contact, but courts generally distinguish between maintaining communication and maintaining a meaningful relationship. A relocation proposal that relies heavily on technology as a substitute for parenting time is unlikely to be persuasive without robust opportunities for in-person contact.

The strongest relocation proposals therefore address practical details. Courts are more likely to be persuaded by comprehensive plans explaining transportation logistics, holiday schedules, school calendars, communication protocols, and mechanisms for preserving the child’s relationship with the non-relocating parent. For wealthy families, demonstrating that financial resources will be used to facilitate parental access often proves more persuasive than simply emphasising the existence of those resources.

International relocation

International relocation remains one of the most consequential issues confronting affluent families.

Many high net worth individuals maintain homes, business interests, and family connections in global financial centres such as London, Geneva, Singapore, Dubai, or similar jurisdictions. Children may possess dual citizenship, foreign passports, and extensive international travel histories. These circumstances can make an international move appear far less disruptive than it would in a more conventional family structure.

Even so, courts generally treat international relocation as a significant event. Distance is only part of the analysis. International moves may implicate immigration status, citizenship rights, educational systems, healthcare arrangements, jurisdictional concerns, and the enforceability of court orders. A destination country’s legal framework can become highly relevant when evaluating the long-term stability of a proposed relocation.

Families sometimes assume that a child’s previous travel history supports relocation. While a history of international travel may help demonstrate familiarity with a destination, it does not necessarily establish that the child has a primary life there. Courts remain focused on the child’s routines and persistent connections, including schooling, community ties, healthcare providers, and day-to-day activities.

The most persuasive international relocation cases often involve substantial pre-existing ties. A child who has regularly spent significant time in London, attended school programmes there, developed family relationships there, and maintained a meaningful connection to the jurisdiction may present a far different case from a child whose connection consists primarily of vacation travel.

Another increasingly important issue involves long-term viability. Courts may consider whether the relocating parent’s employment, immigration status, visa arrangement, or business structure can realistically support the proposed move over time. International relocation plans that depend upon uncertain future circumstances – such as what happens after a defined term for an assignment overseas – may receive heightened scrutiny.

International child abduction and Hague Convention considerations

International mobility creates concerns that are largely absent in domestic relocation cases. Children in globally mobile families often possess multiple citizenships, multiple passports, residences in different countries, and regular access to international travel. While these characteristics may simply reflect the family’s lifestyle, they can also complicate custody disputes when parents disagree regarding international movement.

The Hague Convention on the Civil Aspects of International Child Abduction remains an essential component of international custody planning. The Convention provides a mechanism for seeking the return of a child wrongfully removed from, or retained outside of, the child’s country of habitual residence. Importantly, Hague proceedings do not determine ultimate custody rights. Instead, they generally address the return of the children to their habitual residence while those custody rights are being adjudicated.

For families considering international relocation, the destination country’s relationship with the Hague Convention remains a significant consideration. The availability of return remedies, the effectiveness of local enforcement mechanisms, and the legal treatment of foreign custody orders may all affect the risk profile associated with a proposed move.

Recent New York decisions demonstrate that courts remain sensitive to legitimate concerns regarding international removal.

In J.F. v E.G., 87 Misc.3d 1219(A) (Westchester County Sup. Ct. 2025), the court imposed substantial international travel restrictions after finding concerns regarding the mother’s efforts to obtain Russian passports for the parties’ children. The court limited international travel to the United States and Hague Convention signatory countries. The decision illustrates the degree to which passport issues, dual citizenship concerns, and international enforcement considerations can become central features of modern relocation litigation.

Importantly, New York courts do not apply a categorical rule prohibiting relocation to countries that may present enforcement difficulties. However, those concerns may be highly relevant to the court’s assessment of stability, risk, parental good faith, and the likelihood that future custody orders can be effectively enforced.

Passports, dual citizenship, and travel controls

Passport provisions have become increasingly important components of custody agreements involving affluent international families.

A child may simultaneously possess a United States passport and qualify for citizenship or travel documentation elsewhere. Restricting access to one passport may therefore provide only partial protection. For that reason, carefully drafted custody agreements commonly address:

possession of passports;
disclosure of travel documents;
procedures for obtaining new or replacement passports;
written travel consent requirements;
advance notice provisions;
travel itineraries;
permitted destinations; and
return-date requirements.

The objective should not be to prevent legitimate international travel. Rather, the goal is to create clear and enforceable procedures that accommodate a family’s international lifestyle while reducing the risk of future disputes.

Where dual nationality is involved, consultation with foreign counsel may be necessary because domestic court orders do not necessarily prevent a foreign government from issuing travel documents to one of its citizens. As international mobility continues to increase, passport provisions are likely to remain a growing area of focus in custody negotiations and litigation.

Child support, relocation, and travel costs

Relocation frequently produces significant financial consequences that extend beyond ordinary child support obligations.

Interstate and international moves may require airfare, accommodations, transportation, international insurance coverage, travel documents, and additional housing arrangements necessary to facilitate a child’s relationship with both parents. These expenses can become particularly substantial in wealthy families where travel occurs frequently and across great distances.

Child support and relocation expenses

Although child support obligations remain governed by the Child Support Standards Act, relocation often generates additional expenses that are not fully addressed through ordinary support calculations. Courts therefore regularly undertake a separate analysis concerning transportation and travel costs.

Among the most common questions are:

Which parent pays transportation costs?
Should costs be allocated according to income?
Should the relocating parent assume greater responsibility?
Should parental travel expenses be considered?
How should international travel disruptions be addressed?

Because these questions frequently outlast the relocation dispute itself, parties benefit from addressing them directly in both settlement negotiations and relocation applications.

The cost of maintaining the parent-child relationship

New York courts have developed a variety of approaches for allocating the costs associated with maintaining a child’s relationship with the non-relocating parent after a move.

In Corydon YY. v Laura ZZ., 117 A.D.3d 1116 (3d Dep’t 2019), the court approved a reduction in child-support obligations to account for transportation expenses incurred in facilitating parenting time.

In Latoya B. v Marvin D., 191 A.D.3d 1123 (3d Dep’t 2021), the court required the parents to share travel expenses associated with transportation between Arizona and New York. The decision reflected the court’s effort to balance support obligations with the practical costs required to preserve the parent-child relationship.

A third approach appears in Casarotti v Casarotti, 107 A.D.3d 1336 (3d Dep’t 2013), where the relocating parent was required to pay for one annual round trip while additional transportation costs were shared equally.

While the precise allocation varies by case, the underlying principle remains consistent. Courts seek to preserve meaningful parental relationships while allocating the financial burden created by distance in a manner that reflects fairness and the parties’ circumstances.

Other child-related expenses

Relocation may also affect numerous child-related expenses, including:

private school tuition;
educational services;
childcare costs;
healthcare expenses;
extracurricular activities;
summer programmes; and
international insurance coverage.

In international cases, courts may examine whether the proposed benefits of relocation are financially sustainable and whether the relocating parent’s ability to remain abroad depends on uncertain employment, business, or immigration circumstances. Long-term stability remains a recurring consideration.

Financial planning as part of the relocation proposal

The strongest relocation applications often include a comprehensive financial structure rather than leaving cost issues for future determination.

Parents seeking relocation should consider addressing:

child support;
transportation costs;
education expenses;
medical coverage;
international travel expenses; and
long-term financial sustainability.

In high net worth cases, disputes frequently concern the allocation of substantial expenses rather than the existence of resources. Comprehensive planning therefore reduces ambiguity and can help avoid recurring post-judgment litigation.

Drafting custody agreements for international and multi-residence families

Traditional custody agreements often presume a child has one home and that travel is exceptional. Those assumptions frequently fail in high net worth families.

Modern agreements should address:

primary residence;
secondary and seasonal residences;
extended stays;
school-year restrictions;
notice and consent requirements;
international travel procedures;
passport controls;
transportation arrangements;
information sharing; and
emergency protocols.

Particular attention should be given to defining the distinction between ordinary travel, seasonal occupancy, extended stays, and relocation. Many future disputes stem from ambiguity regarding whether a parent’s use of an existing residence constitutes a continuation of past practice or a material change in the child’s life.

For wealthy and internationally mobile families, careful drafting remains the most effective means of reducing litigation risk. As courts continue to confront increasingly global family structures, the ability to distinguish mobility from relocation, and travel from a change of primary residence, will likely remain among the most significant legal issues in New York custody matters.