How New York Courts Decide Child Relocation Disputes
Disputes regarding whether a custodial parent is allowed to move to another location with a minor child are considered some of the most difficult cases in family law. Sometimes, relocating can interfere with the non-custodial parent’s ability to establish a significant connection with the child. In this article, the Rockland County family law attorneys at The Law Office of Robert S. Sunshine will discuss a real New York family law case that deals with a request to move with a minor child to a new location.
Background of the case
In the aforementioned case, the New York Court of Appeals heard two separate custody disputes. In both cases, the parents requested a relocation with their child due to personal reasons. Back then, most judges defaulted on preventing visitation when it interfered with the other parent’s custodial rights.
In this case, the parent with primary custody wanted to take the child and move to another area of New York State for a better job. The court was tasked with deciding whether it was possible to deny the move only because it would decrease the visits from the other parent.
This court case pointed out an emerging issue. Families tend to move, but New York’s rules don’t allow moves easily.
The appeal
Due to problems with the statute, the Court of Appeals did away with the strict guidelines for relocation cases. It held that none of the existing guidelines should dictate the conclusion of a relocation case by itself.
Judges should examine each individual relocation case, taking into consideration all the circumstances to determine if the move is in the best interests of the child.
Some factors that were identified as key determinants in such cases include:
- Reasons why each party wishes to relocate or object to it
- Quality of the relationship between the child and each party
- The effect of the move on the access to the noncustodial party
- The financial, emotional or educational improvement in the quality of life of the custodial party and child after the move
- Availability of reasonable visitation options to maintain relations with the other parent
The court ruled that it was wrong to automatically assume that relocation will harm the child’s relationship with the other parent.
Key takeaways
The aforementioned case is considered a landmark decision in New York family law. The ruling states that all disputes regarding relocation have to be handled on a case-by-case basis that considers the best interests of the child.
In current times, courts dealing with applications for relocation will assess various aspects related to the issue rather than relying on strict prohibitions. Parents seeking to relocate have to prove that the relocation process will improve the life of the child and avoid unnecessary damage to the parent-child relationship.
Parents involved in relocation cases need to provide thorough information on how the process will impact the child. This includes stability, education, and the relationship between the child and their parents.
Talk to a Rockland County, NY, Child Custody Lawyer Today
The Law Office of Robert S. Sunshine represents the interests of parents looking 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
