Kids Come First in New York When Parents Relocate
Article provided by Jonathan D. Katz
Visit us at http://www.jonathankatzlaw.com
Millions of people in the United States have been affected by the economic downturn. Many New Yorkers have lost their jobs, taken pay cuts or had their work hours cut. In these difficult times, many individuals are finding that they may need to relocate to find a new job, keep their current job or attend school so they can get training or education that will qualify them for new career opportunities.
Moving to a new state is complicated enough, but especially difficult if an individual is a divorced parent with custody of the children. A relocation would likely have a significant impact on the noncustodial parent's relationship with the child or children. In addition, moving to a distant state will affect the child's interest in maintaining his or her relationship with the parent remaining behind. When the custodial parent wishes to move away from where the noncustodial parent lives the moving parent will need to seek a modification of the child custody order and parenting time schedule and obtain court approval.
In Tropea v. Tropea, a 1996 decision, the New York Court of Appeals held that each parental relocation matter should be decided on a case-by-case basis after considering all relevant facts and circumstances. In addition, the court must focus on the best interests of the child or children. The parent seeking permission to relocate must establish by a preponderance of the evidence that the proposed move is in the child's best interest. As the court stated in Tropea, "it is the rights of the children that must be accorded the greatest weight, since they are innocent victims of their parents' decision to divorce and are the least equipped to handle the stresses of the changing family situation."
The Tropea opinion noted the following factors that a court should consider in determining whether to allow a parent to relocate: the parent's reason for seeking the move; the other parent's reasons for opposing the move; the quality of the child's relationships with the custodial and noncustodial parents; the move's impact on the quantity and quality of the child's contact with the noncustodial parent in the future; how much the move will enhance the custodial parent's and child's life economically, emotionally and educationally; and how feasible it is to preserve the relationship between the child and noncustodial parent with visitation arrangements.
New York family law judges will look at the unique facts of each case and whether the move is in the best interests of the child in deciding whether to allow the move. If you are considering leaving New York and relocating to a different state for a new job and want to take your child with you, it may be a good idea to speak to a family law attorney. Conversely, if you are concerned about a former spouse's plans to move away and how that will affect your relationship with your child, talk to a lawyer with experience in parental relocation and child custody matters.
Article provided by Jonathan D. Katz
Visit us at http://www.jonathankatzlaw.com
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