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Can you leave the city or state with children after a divorce?

One of the more unfortunate truths about life with children after a divorce is that you are sometimes limited in the decisions you can make regarding where to live. That limitation can trickle in to limit your career, social and future relationship options, though you are not without any ability to relocate following a divorce. It’s simply important to consider all the aspects of any decision and consult with a lawyer if you believe a relocation might impact any existing custody arrangement or order.

The reasons for moving after a divorce are varied and plentiful. You might have been offered a better job outside of the city or state. That job might let you provide better for your children, so from one perspective it might seem like a beneficial move for your kids. However, moving far away from another parent can impact his or her relationship with the kids — and it can also impact yours.

Courts aren’t always amenable to this type of move. When considering a modification that involves a relocation, courts look at a variety of factors, not the least of which is whether the other spouse is on board with the change. When two people are agreeable to a relocation, it makes it more likely they will work together to support the children and make arrangements for vis itation — which is harder to do with more distance between you.

In other cases, you might easily win a modification to child custody orders in court. If you are seeking to move because the other parent is neglectful or abusive, or if you are not able to support your children with a job in your are and your ex isn’t making ordered support payments, the court might be more likely to agree to a change.

Our firm has years of experience working with parents on all types of custody matters. We can help you understand your options and present your argument for a change in the strongest possible light.

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

We as a nation have overcome great obstacles in the past and although the challenges that lie ahead of us as community, as a state, and as a nation are great, we will overcome them as our resilience as individuals, as a community and as a nation will allow us to prevail.

May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP


Should you have any questions please feel free to contact us at 845-566-5345

For more information regarding the COVID-19 virus please visit any of the following sites:

Centers for Disease Control and Prevention

NYS Department of Health

Orange County Dept. of Health

Ulster County Dept. of Health

For information and updates regarding court postponements or closings please visit:

NYS Unified Court System

9th Judicial District

3rd Judicial District