New York
Can I move with my child in New York?
Quick answer
When parents disagree about a move, New York courts apply the test from the Court of Appeals decision in Matter of Tropea v Tropea (1996): each relocation request is considered on its own merits, with predominant emphasis on what outcome is most likely to serve the child’s best interests, and the court decides whether it has been shown by a preponderance of the evidence that the move would serve those interests.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
The factors
Tropea lists factors that include each parent’s reasons for seeking or opposing the move, the quality of the child’s relationships with each parent, the impact on the child’s future contact with the noncustodial parent, how the move may enhance the custodial parent’s and child’s life economically, emotionally and educationally, and whether the relationship with the noncustodial parent can be preserved through suitable visitation arrangements.
The court said no single factor should be treated as dispositive or given such disproportionate weight as to predetermine the outcome.
Tools and resources
Where to check this
Forms, deadlines, and local rules change. Verify anything on this page against the official self-help resources for your state before you rely on it.
This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.