As in the case of Tropea v. Tropea, the issue of Child Custody Relocation will be determined by a Judge in Family Court. Requests for relocation when child custody is at stake are reviewed on a case by case basis. The court will take many factors into consideration, but the deciding factor is what is in the best interest of the child.

If there is already an order of custody and visitation in place, you will have to prove that your child will benefit educationally, economically and emotionally if you want to move away from the other parent.  If there is no such order, then your proposed move will be one factor that the court will consider when it determines what custody arrangement is most beneficial for your child.