Once custody of a child is determined in court, the custodial parent may believe they are able to move with the child without the permission of the other parent. This is not the case.  Under New York law, a custodial parent cannot relocate (except for a fairly short distance from their current residence,) without a court order or the consent of the other parent (the non- custodial parent.)

What Are New York’s Requirements for Relocation?

The seminal case in New York which addresses this issue is Tropea v. Tropea, 87 N.Y.2d 727 (1996.) The New York Court of Appeals set the precedent in New York for using an analysis highlighting the best interests of the child when a parent wishes to relocate. In Tropea, the mother was the custodial parent of the child and the father had parenting time.

The separation agreement, which was incorporated into the divorce, had a provision whereby the mother could not relocate outside the county without court approval. The mother was remarried, she was expecting a baby and wanted to relocate to another county. The father’s position that he his parenting time should not be affected by her move which was simply a lifestyle change for the mother.

The trial court agreed with the father and decided that the mother’s wish to relocate with her husband was not enough to show that the best interests of the child were being served. The decision was appealed. The appellate court focused on the fact that the father would still have meaningful parenting time with the child and reversed the lower court’s decision and allowed for the relocation. Thereafter, the case appealed to the Court of Appeals which is New York’s highest court. The New York Court of Appeals upheld the decision of the appellate court and ruled that the mother move was in the best interest of the child because she sufficiently showed that the move would provide the child with a more stable family unit and a better quality of life economically. They also sited that fact that the move was not so far away that the father would be deprived of meaningful access to the child.

In “relocation cases,” the relocating parent has the burden of proving that relocation is in the best interests of the child. The court has discretion to decide if the relocation is, in fact, in the child’s best interest. In these cases, the court considers these following factors:

(1) The good faith of the parents in requesting or opposing the move;

(2) The child’s respective attachments to the custodial and non-custodial parents;

(3) The possibility of devising a visitation schedule that will enable the non-custodial parent to maintain a meaningful relationship with the child;

(4) The impact of the move would have on the quality of the life of the child;

(5) Any negative impact from hostility between the parents

(6) the effect on extended family relationships; and 

(7) Any other factors the court may consider. 

If you’re looking for a family attorney to help you deal with this unique situation, turn to the Law Office of Dana Stricker, PLLC. Based in the Bronx, NY, and serving Westchester and the surrounding area, this attorney is known for her aggressive dedication to each client. She’s proud to exceed her clients’ expectations with a reliable approach and exceptional support. Visit her website to review her practice areas, or call (914) 588-0651 to schedule a consultation.