New York Radius Clause Lawyer

Radius clauses are a common feature in New York child custody agreements. These clauses set limits on how far a parent can move with a child without the other parent's consent. They are designed to protect the child's stability and maintain their relationship with both parents. Radius clauses can be a source of conflict between parents, especially if one parent needs to relocate for work, family, or other personal reasons. In these situations, understanding how radius clauses work, how they are enforced, and how they can be modified is important.

If you are dealing with a radius clause in your custody agreement or facing a dispute over relocation, it is important to seek legal guidance. Consulting an experienced New York family lawyer can help you understand your rights and protect your relationship with your child.

A radius clause is a provision in a child custody agreement that restricts how far a parent can relocate with the child. This distance can vary but commonly ranges from 15 to 50 miles from a specified location, such as the former marital home. The purpose is to protect the child’s relationship with both parents by ensuring geographic proximity.

For example, in G.O. v. S.O., 2025 NY Slip Op 50537(U), the Stipulation of Settlement included a relocation clause prohibiting the mother from moving with the children beyond a 40-mile radius from the former marital home in Staten Island without the father's written consent. In Matter of Amy C. v. Igor V., 2018 NY Slip Op 51999(U) (Fam Ct, Kings County 2018), the final order of custody stated that neither party may relocate beyond a 25-mile radius without the other party’s written consent or a court order permitting the relocation.

Radius clauses are generally enforceable in New York as part of a child custody agreement. They are treated as contractual commitments made by both parents. However, the court always retains authority to review and modify these clauses based on the child’s best interests.

For example, in Matter of W.S. v. B.S., 2007 NY Slip Op 52398(U) (Fam Ct, Nassau County 2007), the court enforced a 50-mile radius clause that the mother violated by relocating to Pennsylvania without the father’s consent. The court transferred custody to the father, emphasizing the importance of maintaining the children’s stability and relationship with both parents.

In G.O. v. S.O., 2025 NY Slip Op 50537(U) (Sup. Ct., Richmond County 2025), the court upheld a 40-mile radius clause in the parents' custody agreement. When the mother sought to move beyond the specified distance without consent, the court enforced the clause, reaffirming the significance of maintaining geographic proximity to preserve parental relationships.

However, in Matter of Tropea v. Tropea, 87 N.Y.2d 727 (1996), the New York Court of Appeals modified a radius clause, allowing the mother to relocate with the children despite the geographic restriction. The court applied a best interests analysis and determined that the benefits of the relocation outweighed the limitations of the radius clause.

These cases demonstrate that New York courts generally uphold radius clauses, provided they serve the child’s best interests. However, courts retain the authority to modify or disregard these clauses if circumstances warrant a different outcome.

If you are dealing with a radius clause in your custody agreement or facing a dispute over relocation, it is important to seek legal guidance. Consulting an experienced New York family lawyer can help you understand your rights and protect your relationship with your child.

If a parent seeks to move beyond a radius clause, the court will conduct a best interests analysis. Factors include:

• Each parent’s reasons for seeking or opposing the move: Courts will evaluate the motivations of both parents. In Tropea, the court emphasized that the relocating parent's reasons must be legitimate and in good faith, such as a job opportunity or family support, rather than an attempt to undermine the other parent's relationship with the child.
• The quality of the child’s relationship with each parent: The court will consider the existing bond between the child and each parent. This includes assessing the child’s emotional connection, the level of involvement each parent has in the child’s daily life, and which parent has been the primary caregiver. Courts may also examine the consistency and stability each parent provides in supporting the child's development and well-being.
• The impact of the move on the child’s relationship with the non-relocating parent: The court examines how the relocation may limit meaningful contact. This includes considering whether the distance will make regular visits difficult, reduce the quality of the parent-child relationship, or disrupt the established bond. Courts will assess whether alternative visitation arrangements can preserve the child’s connection with the non-relocating parent, such as extended holiday visits or virtual communication. If the move significantly hinders the parent’s ability to maintain a strong relationship with the child, it may weigh against allowing relocation.
• The benefits of the relocation for the child: Courts evaluate how the move may improve the child’s quality of life, such as access to better schools, a safer neighborhood, or enhanced support from extended family. The parent seeking relocation must present clear evidence of these benefits. General claims without supporting evidence are not sufficient.
• The feasibility of maintaining the child’s relationship with both parents: Courts assess whether a practical visitation schedule can be maintained despite the relocation. This includes evaluating transportation options, the financial cost of travel, and the willingness of both parents to facilitate continued contact. If the relocating parent is unwilling or unable to support meaningful visitation, it may impact the court’s decision.
• The child’s wishes, depending on age and maturity: Courts may consider the child’s preference, especially if the child is older and demonstrates a level of maturity. However, the child's wishes are not decisive, and the court will weigh them alongside other factors to determine what is in the child’s best interests. Younger children’s preferences are generally given less weight.
• The impact of the move on the child’s stability: This includes the effect on the child’s school, social life, and community ties. In Matter of Lonny C. v. Elizabeth C., 2020 NY Slip Op 04620, the court focused on the impact of the mother’s relocation on the children’s stability. The father opposed the move, arguing it disrupted the children’s routine and connections with their community. However, the court found that the mother’s move maintained stability because it allowed the children to continue their strong bond with their maternal grandparents, who had been a consistent presence in their lives. The court emphasized that maintaining established relationships and a familiar environment were critical to the children’s well-being.

These factors are considered in totality, with no single factor being decisive. The court’s focus remains on determining what outcome best serves the child’s best interests.

In order to change an existing custody order, there must be a substantial change in circumstances, and the modification must be in the child’s best interests. This applies to seeking to modify a radius clause as well. A parent who wants to change a radius clause in a custody agreement must follow these steps:

1. Determine Grounds for Modification: Identify a substantial change in circumstances that justifies modifying the radius clause. Common reasons include a new job opportunity, remarriage, a change in the child’s educational needs, or health concerns.
2. File a Petition for Modification: The parent seeking the change must file a petition with the Family Court. This petition must outline the reasons for the modification and how it will benefit the child.
3. Serve the Other Parent: The other parent must be formally notified of the petition and given an opportunity to respond. This ensures that they are aware of the request and can participate in the legal process.
4. Attend a Court Hearing: The court will schedule a hearing where both parents can present evidence and testimony. This may include documents showing the reasons for the move, testimony from witnesses, and other relevant information.
5. Present Evidence of Best Interests: The parent seeking the modification must demonstrate that the change is in the child’s best interests. This may include evidence of better educational opportunities, improved living conditions, or stronger family support at the new location.
6. Court Decision: The judge will consider the evidence and make a decision based on the child’s best interests. The court may approve the modification, deny it, or impose specific conditions, such as a revised visitation schedule.
7. Comply with the Court Order: If the court grants the modification, the parents must follow the new terms of the radius clause. This may include updating the visitation schedule or making other adjustments as ordered by the court.

Modifying a radius clause can be a complex process that involves presenting clear evidence of changed circumstances and demonstrating that the modification is in the child’s best interests. It is essential to carefully prepare your case and understand your legal rights. For guidance and skilled representation, contact an experienced New York family lawyer.

If a parent moves beyond the distance specified in a radius clause without consent or court approval, the other parent can petition the court for enforcement. Possible consequences include:

• An order for the child’s return: The court may order that the child be returned to the original location specified in the radius clause. This action is authorized under New York Family Court Act § 651, which gives the court jurisdiction to determine matters of custody and visitation. The court’s primary concern is ensuring the child’s stability and maintaining their relationship with both parents.
• Modification of custody arrangements: If the violation significantly impacts the child’s relationship with the other parent, the court may modify the custody arrangement. Under Domestic Relations Law § 240, custody orders can be changed when necessary to protect the child’s best interests. This may result in the non-relocating parent being granted primary custody.
• Contempt of court proceedings: The court may find the parent who violated the radius clause in contempt for disobeying a lawful custody order. Judiciary Law § 753(A)(3) allows the court to punish individuals for failing to comply with court orders, including those related to custody and visitation.
• Financial penalties: The parent who violates the radius clause may be required to pay the legal fees or other expenses incurred by the non-relocating parent. This is supported by Domestic Relations Law § 237, which permits the court to order one party to pay the legal costs of the other in a custody or visitation dispute.

Violating a radius clause can have serious legal and financial consequences. If you are considering relocating with your child or believe the other parent has violated a radius clause, it is important to take immediate action. Consulting with an experienced family attorney in New York can ensure you make informed decisions and effectively advocate for your child’s best interests.

A radius clause generally sets a specific distance within which a parent can relocate with the child without needing the other parent's consent or court approval. However, if a parent attempts to move beyond state lines, it can trigger jurisdictional issues under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA, adopted in New York under Domestic Relations Law §§ 75-a to 75-z, determines which state has jurisdiction to make and enforce child custody decisions. This means that even if a move falls within the geographic distance allowed by a radius clause, crossing state borders may require court approval because it can affect which state has the authority to decide custody matters.

If a parent seeks to relocate with the child to another state, they must first ensure that the move does not violate the existing radius clause in the custody agreement. Even if the distance falls within the radius, crossing state lines may require court approval because it can impact jurisdiction and enforcement of custody orders. Parents must typically petition the court for permission to relocate, demonstrating that the move is in the child’s best interests.

Q: Can a parent relocate within the specified radius without court approval?
A: Generally, yes, a parent can relocate within the distance specified in the radius clause without seeking additional court approval, provided that the move does not significantly disrupt the child's existing visitation schedule or the non-relocating parent's ability to have meaningful contact with the child. Even a move within the radius could potentially be challenged if it negatively impacts the established parenting time.

1. Can a radius clause be temporary or conditional?
   A. Yes, a radius clause can be temporary or conditional. For example, parents may agree that the radius clause will only apply for a specified period, such as until the child reaches a certain age or completes a specific school year. Conditional radius clauses may also allow relocation under specific circumstances, such as if one parent receives a job offer within a certain distance or if both parents agree in writing to modify the clause. The terms of the radius clause must be clearly defined in the custody agreement or court order to ensure enforceability.
2. Can a parent waive the radius clause in writing?
   A. Yes, a parent can waive the radius clause in writing. If both parents agree to allow a relocation beyond the specified distance, they can create a written agreement stating their consent. This agreement should be clearly written, signed by both parents, and preferably notarized to ensure it is legally enforceable. If the radius clause is part of a court order, the waiver should be submitted to the court for approval to ensure it is legally binding and enforceable.
3. What if the other parent agrees to the relocation but later changes their mind?
   A. If the other parent initially agrees to the relocation but later changes their mind, it can create a legal dispute. If the agreement was in writing and properly documented, the parent who initially agreed may have difficulty contesting the relocation. However, if the agreement was verbal or informal, the opposing parent may petition the court to enforce the original radius clause. Ultimately, the court will decide based on the child’s best interests.

Navigating radius clauses and child relocation issues in New York requires a thorough understanding of the law and a careful consideration of the specific circumstances of your case. The outcome of these matters can have a lasting impact on your family.

If you are dealing with a radius clause, considering relocation, or facing a situation where the other parent has moved or is planning to move, the experienced family attorneys serving New York at Stephen Bilkis & Associates are here to provide guidance and representation. We understand the nuances of New York custody law and can help you protect your rights and advocate for your child's best interests.

Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We serve clients in the following locations: Manhattan, Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Nassau County, and Queens.