New York Case Discusses Relocating with a Child

One of the most hotly contested issues is when a New York parent wants to move to another state or county with a minor child. New York courts must balance parental rights against the best interests of the child. In Tropea v. Tropea, the New York Court of Appeals provided a definitive framework and set key guiding principles for relocation cases.

Background of the case 

In the Tropea case, the mother, who was the custodial parent, sought permission from the court to relocate with the children over the objection of the father. The existing custody agreement had included a relocation restriction: the custodial parent was prohibited from moving outside Onondaga County without court approval. The mother asked the court to modify the agreement and grant her permission to relocate. The father opposed the relocation on the grounds that the move would substantially impair his access to his children.

In this case, the lower courts had approved the relocation, and the father appealed to the Court of Appeals, which considered what standard and burdens must apply in relocation proceedings.

The appeal 

In the Tropea case, the Court of Appeals held that a relocation request must be considered on its own merits, with due consideration of all relevant facts and circumstances. The resolution must be grounded in the best interests of the child standard, with a “predominant emphasis” on that criterion.

The court held that there is no automatic right for a custodial parent to move simply because they want to. Instead, relocation must be justified by showing that the relocation is in the best interests of the child. The analysis is fact-intensive and individualized. Relocation decisions must consider the nature of the parents’ relationship with the child, the disruption posed by the move, and the feasibility of preserving meaningful contact between the children and the noncustodial parent.

The custodial parent bears the burden of proving that the relocation is in the child’s best interests. The noncustodial parent must show that the relocation would significantly impair their ability to maintain contact with the child. The court must balance the harm to the child against the benefits of the move.

Courts are tasked with considering whether the custodial parent is proposing concrete plans for maintaining contact and how realistic those plans are.

Key takeaways from the case

The Tropea case remains the touchstone relocation decision in New York family law. It is frequently cited in family courts and appellate decisions whenever a custodial parent wants to relocate with a child. Its requirement of a “best interests” balancing and its refusal to treat relocation as presumptively permissible (or impermissible), ensures that no one factor dominates.

Talk to a Rockland County, NY, Family Law Attorney Today

The Law Office of Robert S. Sunshine represents the interests of Rockland County parents who want to relocate with a minor child. Call our Rockland County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

nycourts.gov/reporter/archives/tropea.htm