When Relocation Meets the Best Interests Standard

There are few issues in family law that are more emotionally charged than requests to relocate with a minor child. Often, one parent is left behind and no longer has access to their children. Due to this, the State of New York requires parents to petition the court in order to move with the child. The court must find that the move is in the best interests of the child before they authorize the move. In this article, the Rockland County, NY, child custody attorneys at the Law Office of Robert S. Sunshine will discuss an important relocation case that underscores what factors are important when petitioning the court to move with a child.

Background of the case

In the aforementioned case, the parties were never married, but they had two children together. In 2017, they entered into an agreement that granted the father sole legal and residential custody of the children. The mother only had supervised parental access.

Later, the father filed a petition under the Family Court Act to modify the custody arrangement so that he could move to South Carolina. After the hearing took place, the family court denied the father’s petition. It ruled that the relocation should not be permitted.

The father appealed the decision. The case was taken up by the appellate court to review the lower court’s decision. The appeals court was tasked with determining whether the decision was sound as a matter of law and whether relocation would serve the child’s best interests.

The appeal

To move with your minor child, you must petition the court for permission. The petitioning parent must show by a preponderance of the evidence that the move is in the children’s best interests.

The appellate court was tasked with determining whether the trial court had erred in denying the father’s relocation request. It found that the denial lacked a “sound and substantial basis.” In this case, the father had shown that:

• He could no longer continue renting his grandmother’s home in New York
• The financial contribution from the mother was quite minimal
• Relocation would lower his living expenses considerably
• He would have the support of his extended family

In addition, the record showed that the father was the children’s primary caregiver since 2017. The mother only had limited involvement in their day-to-day lives. The court found that although she would now have limited access to her children, a parental access schedule could be drafted after the move that allowed her visitation time.

Key takeaways  

Courts will always make decisions concerning children based on their best interests. Each party must argue why the move is or is not in the children’s best interests. In this case, the trial court erred by not considering the father’s reasons for moving. Ultimately, the father’s move was permitted. 

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

The Law Office of Robert S. Sunshine represents the interests of parents who want to move with their minor children. Call our Westchester County family lawyers today to schedule an appointment, and we can begin preparing your case right away.

Source:

law.justia.com/cases/new-york/appellate-division-second-department/2024/2023-01165.html