When Can a Parent Relocate From New York With a Child?

Best Interest Of The Child Standard

In the New York Court of Appeals case Tropea v. Tropea, 87 N.Y.2d 727, 665 N.E.2d 145, the custodial parent sought permission to relocate from Onondaga County to the Schenectady area so that she could settle into a new home with her fiancé and raise her sons within a new family unit. However, The noncustodial father opposed the move, contending that it would significantly reduce the access to the children that he now enjoys. Despite the father’s objections to the move, The New York Court of Appeals found that the move was in the children’s best interest and that the visitation schedule that petitioner proposed would afford the children’s father frequent and extended visitation.

The Court in this case emphasized that each relocation request will be considered individually on a case-by-case basis. This means that the court will take into account all of the relevant facts and circumstances in order to decide what outcome is most likely to serve the best interests of the child. The court continued to explain that while the rights of the parents are significant factors that must be considered, the children’s rights and needs will be give the greatest amount of weight.

Factors The Court Will Consider

In deciding relocation cases, the Courts will consider all of the facts and circumstances of each case, including, but not limited to, the following:

1. Each parent’s reasons for seeking or opposing the move
2. The quality of the relationship and attachment between the child and each of the parents
3. The impact of the move on the quantity and quality of the child’s future contact with the noncustodial parent
4. The negative impact (if any) of continued or worsened hostility between the parents
5. The impact the move will have on the child’s extended family relationships
6. The degree to which the custodial parent/child’s lifestyles may be enhanced economically, emotionally, and educationally by the move, and the feasibility of preserving a meaningful relationship between the noncustodial parent and child through suitable visitation arrangements.

So, if your child’s custodial parent wants to relocate or you have custody of your child and want to relocate, make sure you speak to a family law attorney who can explain your rights and what you will need to show in order to prove that your child’s best interests will be met by your request to relocate, Long Island attorney Jay D. Raxenberg can help!