Relocation and Custody Modifications in New York: Lessons from Jasmine M. v. Albert M. (2025)
Relocation cases in child custody disputes remain some of the most challenging matters in New York Family Court. The recent First Department decision in Matter of Jasmine M. v. Albert M. (2025) offers valuable insight into how courts analyze requests to modify custody when one parent seeks to move, especially when that move would impact the other parent’s access to the child.
In this case, the mother sought to relocate with the parties’ child, prompting a custody modification proceeding. The father opposed the move, arguing that relocation would disrupt his regular parenting time and negatively affect his relationship with the child. The Family Court initially denied the mother’s relocation request, finding that it was not in the child’s best interests. The mother appealed.
On appeal, the First Department examined whether the proposed relocation would serve the child’s best interests by considering factors established under New York law, including:
The reasons for the move
The impact on the child’s relationship with both parents
The potential economic, educational, and emotional benefits of relocation
The feasibility of preserving the noncustodial parent’s relationship with the child through meaningful visitation
The Court’s Decision
The appellate court upheld the denial of the mother’s relocation request. It found that the mother failed to meet her burden of demonstrating that the move would improve the child’s life in a way that outweighed the loss of regular and consistent contact with the father. The court emphasized that:
The child’s close relationship with both parents was a critical factor.
The proposed relocation plan did not provide adequate safeguards for maintaining the father-child bond.
The evidence did not convincingly show that the relocation would provide significant educational or financial benefits.
Impact on Future Relocation Cases in New York
This decision reinforces several important principles for parents considering relocation in New York custody cases:
Best Interests Standard is Paramount – The moving parent must provide compelling evidence that the relocation will substantially enhance the child’s well-being.
Burden of Proof Lies with the Relocating Parent – Without clear, credible evidence of benefits to the child, courts are unlikely to approve relocation.
Preserving the Parent-Child Relationship is Key – Courts will scrutinize whether the relocation plan realistically allows the noncustodial parent to maintain a strong relationship with the child.
Economic and Educational Benefits Must Be Concrete – Speculative or marginal improvements will not outweigh the loss of consistent access to a parent.
For parents in New York, Matter of Jasmine M. v. Albert M. is a clear reminder: if you are seeking to relocate with your child, you must be prepared to present a detailed, well-supported plan showing that the move is in the child’s best interests and that meaningful contact with the other parent will be preserved.
Considering Relocation or Facing a Custody Modification?
The experienced family law attorneys at Mindin & Mindin, P.C. can guide you through New York’s complex relocation and custody modification process. Contact us today at 888.501.3292 or schedule a free consultation on our calendar.