Relocation of a Child by a Custodial Parent

Posted By Ken Eiges || 17-Jan-2013

In New York, when courts decide family issues concerning children, they will turn to the "Best Interest of the Child" Standard. In deciding whether to grant a custodial parent's request to relocate with their child(ren), New York Courts will balance several factors in deciding if the relocation will be in the best interest of the child(ren).

The leading case, Tropea v. Tropea, 81 N.Y. 2d 727 (1996), lays out the main factors that courts should take into account when such requests are made, including but not limited to:

(1) the reasons each parent has for either seeking or opposing the move;
(2) the type of relationship the child has with both the custodial and noncustodial parent;
(3) the impact that the move will have on the child's future contact with the noncustodial parent;
(4) the degree to which the custodial; parent's and child's life will be enhanced by the move, including economically, emotionally and educationally;
(5) the ability to preserve the relationship between the noncustodial parent and child through visitation.

The Court will utilize these factors along with any other information that the Court finds important in making a decision whether the children may be allowed to relocate.

Categories: Child Custody, Divorce
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