Do I Need the Court’s Permission to Relocate with My Child?

If you have an existing custody order or written agreement which places restrictions on the ability to relocate, you will either need the other parent’s consent or the court’s permission to relocate with your child. Relocating without the court’s permission or in violation of court order can have both civil and criminal implications. In this article, the Westchester County, NY, divorce lawyers at the Law Office of Robert S. Sunshine will discuss a New York divorce case in which one parent sought to relocate with their child.

Background of the case

The Matter of Tropea v. Tropea, 87 N.Y.2d 727 (N.Y. Ct. App. 1996) involved divorced parents where the custodial parent (the mother in this case) sought to relocate with her children to a neighboring county. In this case, the noncustodial father opposed the move, claiming the relocation would interfere with his visitation rights.

The lower courts had routinely applied restrictive rules, such as requiring “exceptional circumstances” or “economic necessity” before permitting a relocation. This created inconsistencies across different New York courts.

The issue then became: What standard should New York courts apply when deciding whether to allow a custodial parent to relocate with a child over the objection of the noncustodial parent?

The appeal

In the case mentioned above, the father opposed the relocation of the mother with the children. The Court of Appeals rejected rigid presumptions or mechanical tests to determine whether or not a parent could move. Instead, it held that relocation disputes must be resolved based on the best interests of the child, considering the totality of circumstances.

The court emphasized that no single factor (such as economic necessity or parental motives) should automatically control the issue. Instead, courts must weigh all relevant factors together to determine the best interests of the child.

Relevant factors include:

• Each parent’s reasons for seeking or opposing the move
• The quality of the child’s relationship with both parents
• The impact of the move on the noncustodial parent’s access and relationship
• The potential benefits of relocation for the child and custodial parent (economic, emotional, and educational)
• The feasibility of preserving a meaningful relationship between the child and the noncustodial parent through visitation arrangements.

The Appeals Court rejected categorical rules such as requiring “exceptional circumstances” for relocation or automatically presuming against a relocation that interferes with visitation. Courts are now forced to address the matter on a case-by-case basis.

Applying the aforementioned standards, the Court of Appeals affirmed the relocation request in both consolidated cases, holding that the trial courts correctly analyzed the best interests of the children.

Talk to a Rockland County, NY, Child Custody Lawyer Today

The Law Office of Robert S. Sunshine represents the interests of parents who are attempting to relocate with their children. Call our Rockland County family lawyers today to schedule an appointment, and we can begin discussing your next moves right away.

Source:

nycourts.gov/reporter/archives/tropea.htm