CAN I RELOCATE WITH MY CHILD OUT OF NEW YORK STATE?
When you have a child with your partner, it may be more difficult for you to move away from the other parent if that parent does not consent. If both parties do not agree, then an application must be filed for the Court to either prevent or allow the relocation. Generally, there are two scenarios that occur. Either this is the first time an application for custody is made by a parent in Court, or the parties have a previous custody order that one parent is seeking to modify to allow the move.
There are several leading cases on the issue of making custody determinations. The overarching standard is what is in “the best interests” of the child. The fact that the parent seeking custody of the child would like to relocate is one of many factors a Court will consider in making an initial custody determination.
Where there is a previous court order, there are specific factors that the Court of Appeals set forth in the case Matter of Tropea v. Tropea, 87 NY2d 727 (1996)for a court to consider in determining whether the relocation is in the best interests of the child. These factors include, but are not limited to, (a)each parent’s reasons for seeking or opposing the move; (b) the quality of the relationships between the child and the custodial and non-custodial parent; (c) the impact of the move on the quantity and quality of the child’s future contact with the non-custodial parent; (d) the degree to which the custodial parent’s and child’s life may be enhanced economically, emotionally and educationally by the move; and ( e) the feasibility of preserving the relationship between the non-custodial parent and child through suitable visitation arrangements. See id. at 740.
Whether or not a parent will be successful on a request to relocate with the child is very fact specific. While there may be similarities on a case-by-case basis, each one has its one set of unique circumstances. A court must balance the reasons for the relocation by one parent against the other parent’s right to have meaningful contact with the child.
If you are considering relocating with your child or would like to prevent a relocation by the other parent, contact a member of Geffner Kersch for an exploratory conversation on filing an application.
