What to Prove When You Want to Move

After a divorce it is not uncommon for the custodial parent to relocate to another city or state with the child.  There are many reasons custodial parents move: to be closer to family, to obtain better employment, or to embark on a new life with a new partner.  Courts are very reluctant to allow the custodial parent to move away with the child if the distance will impact the child’s relationship with the noncustodial parent. 

As noted in the seminal parental relocation case, Tropea v. Tropea, of greatest importance in determining whether to allow relocation is whether the move is in the best interests of the child.  In considering this issue, the court will look at the following factors: 

1.    each parent’s reasons for either seeking or opposing relocation;

2.    the current state of the relationship between the child and each parent;

3.    the impact that the relocation will have on the quality and quantity of the child’s relationship with the non-custodial parent;

4.    the emotional, economic and educational effects that the move will have on the child;

5.    and the feasibility of maintaining the relationship between child and non-custodial parent through visitation

With regards to each sub factor, a New York Court in the Matter of Mr. G. v. Mrs. M. stated that, “seeking to set up a new family life with a new spouse is a justifiable reason for a custodial parent to seek relocation with the child as is seeking a better economic situation including a new job, provided that the custodial parent can show that the same benefit cannot be realized where he/she currently resides.  Seeking to provide the child with an overall improved quality of life including more time available to spend with the child as well as the presence of extended family in the proposed destination of relocation is also a justifiable reason for a custodial parent to seek relocation.” 

However, “A non-custodial parent may oppose the relocation if he/she shows that the quality of the relationship between the child and the non-custodial parent is a warm and loving relationship.”  If the move will interfere with visitation and require a long car ride to the non-custodial parent’s residence, the court will not find this to be in the best interests of the child. 

If you are a custodial parent looking to relocate or if you are a non-custodial parent looking to oppose your spouse’s relocation with your child, Long Island Divorce Attorney JAY D.RAXENBERG can help.  Click here to schedule a complimentary consultation.