A Respected Long Island Child Relocation Lawyer
Experienced Suffolk County Family Attorneys Located in Huntington
One of the most frequently asked questions concerning
custody is whether or not, subsequent to a separation or a divorce proceeding,
the custodial parent can relocate with the parties' children out of
the state and away from the non-custodial parent? Absent an agreement
signed and acknowledged by both parents, only a Court can allow a custodial
parent to relocate out of the geographic region agreed to by the parents
in their divorce decree.
New York's highest Court, the Court of Appeals, in
Tropea v. Tropea , 87 N.Y.2d 727 (1996), held that the right of a custodial parent to relocate
out of the "restricted area" is determined based upon a "best
interest of the child" approach. This approach has proven itself
enormously worthwhile in so many other arenas involving custody. Accordingly,
each relocation request must be considered on its own, with consideration
of all the relevant facts and circumstances and with predominant emphasis
on what outcome is most likely to serve the best interests of the child.
While the rights of the parents are significant factors that must be considered,
the rights and needs of the children must be accorded the greatest weight.
The relationship between parent and child is different after a divorce
and the Court of Appeals has stated "...it may be unrealistic in
some cases to try to preserve the non-custodial parent's accustomed
close involvement in the children's everyday life at the expense of
the custodial parent's efforts to start a new life or to form a new
What Factors Influence the Court's Decision on Custody Arrangements?
In some cases, the interests of the child might be better served if the
Court grants visitation which maximizes "... the non-custodial parent's
opportunity to maintain a positive nurturing relationship while enabling
the custodial parent ... to go forward with his or her life."
The factors the court will consider include, but are not limited to:
- each parent's reasons for seeking or opposing the move
- the quality of the relationships between the child and the custodial and
non- custodial parent
- the impact of the move on the quantity and quality of the child's future
contact with the non-custodial parent
- the degree to which the custodial parents and child's life may be enhanced
economically, emotionally and educationally by the move
- the feasibility of preserving the relationship between the non-custodial
parent and the child through suitable visitation arrangements
Other factors enumerated by the Court of Appeals, which appear to have
been systematically developed with a view toward minimizing the parents'
discomfort and maximizing the child's prospects of a stable, comfortable
and happy life are:
- the good faith of the parents in requesting or opposing the move;
- the child's respective attachments to the custodial and non-custodial parent;
- the possibility of devising a visitation schedule that will enable the
non-custodial parent to maintain a meaningful parent-child relationship;
- the quality of the lifestyle that the child would have if the proposed
move were permitted or denied;
- the negative impact, if any, from continued or exacerbated hostility between
the custodial and non-custodial parents;
- the effect that the move may have on any extended-family relationships; and
- any other facts or circumstances that have a bearing on the parties'
Need Help with Relocation? Call Us for Aggressive Advocacy!
Our devotion to our clients is unwavering, and we pride ourselves on providing
all of our clients with the highest standard of legal care, tailored to
meet their specific needs. Furthermore, we strive to give our clients
the guidance they need to make informed and intelligent decisions regarding
their legal matters. We achieve this goal by providing each client with
personalized attention, frequent communication, viable options, and a
thorough evaluation of the case at hand. At The Meyers Law Group, P.C. our
Long Island divorce attorneys do not rest until our clients walk away with a fair and just outcome and
a rewarding experience, particularly regarding relocation issues.
Contact The Meyers Law Group, P.C. to learn more about your parental rights in matters of child relocation
under New York law.