What To Know About Child Relocation Rights In New York State Custody Matters

In New York State, a custodial parent's decision to move residence with their child can substantially affect existing custody rights of the parties under a standing Court Order. Child relocations present the potential to disrupt the non-custodial parent's parenting rights and interfere with the child's regular schedule and sense of stability. Accordingly, New York State courts closely examine these cases, weighing all relevant factors to determine whether such a modification to the existing Custody Order aligns with the child's best interests.

Controlling Law

The landmark decision of Tropea v. Tropea, issued by the New York Court of Appeals nearly three decades ago, remains the controlling precedent in child custody relocation cases.

In Tropea, the Court focused on the crux of the issue, stating "...we hold that each relocation request must be considered on its own merits with due consideration of all the relevant facts and circumstances and with predominant emphasis being placed on what outcome is most likely to serve the best interests of the child. While the respective rights of the custodial and noncustodial parents are unquestionably significant factors that must be considered ... it is the rights and needs 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."

What Constitutes "Relocation"?

Generally, custody orders and agreements frequently contain specific provisions that govern the parameters of relocation, such as a stipulated geographical radius within which a custodial parent may move without triggering the legal requirement to seek the specific consent of the other parent, or court approval.

For example, a typical custody arrangement might specify a 25-mile radius as an acceptable distance within which a custodial parent may move without being deemed to have engaged in "actual relocation" with the child.

"Actual relocation" occurs when there is a change of residence by a parent that substantially impairs the ability of the other parent to maintain their relationship with the child, such as a parent deciding to move out of state. However, even if a parent does not plan to move outside of the state, the move can still constitute relocation if the distance would substantially affect the other co-parent's custody and visitation time.

New York State law does not provide an explicit distance for a move to constitute "relocation" but rather evaluates proposed relocations on a case-by-case basis. The Court evaluates each proposed relocation on a case-by-case basis, considering the specific facts, circumstances, and impact of the proposed move on the child and the noncustodial parent's custodial and visitation rights. Instead, the impact of the move on the relationship between the child and the noncustodial parent remains a central focus. The Tropea court found that "...even where the move would leave the noncustodial parent with what may be considered "meaningful access," there is still a need to weigh the effect of the quantitative and qualitative losses that naturally will result against such other relevant factors as the custodial parent's reasons for wanting to relocate and the benefits that the child may enjoy or the harm that may ensue if the move is or is not permitted."

Some of the factors the Court looks to are the economic necessity, or a specific health-related concern and other justifications, including the demands of a second marriage and the custodial parent's opportunity to improve his or her economic situation. These motives will not be summarily rejected, where the overall impact on the child would be beneficial. Even a custodial parent's remarriage could, in certain circumstances, be found to support a relocation if it strengthens and stabilizes the new, postdivorce family unit in a particular case.

Bolstering a Relocation Case

To present an argument for relocation, the parent must present a detailed relocation plan to the court. A child relocation plan will include, but is not limited to, the following elements:

• A factual basis to support the need for the relocation.
• A thorough explanation as to how the proposed relocation will serve the best interests of the child, with particular emphasis on the child's physical, emotional, and developmental well-being;
• Specific and detailed information regarding the child's prospective living arrangements, including the new educational institutions, medical and/or mental health care providers, and the availability of support from extended family or community resources at the proposed location;
• An affirmative demonstration of the relocating parent's intent to preserve and promote the child's ongoing relationship with the non-relocating parent, including a commitment to facilitating meaningful and continued contact; and
• A proposed post-relocation parenting plan that outlines a reasonable and workable visitation schedule, including provisions for holidays, vacations, and consistent communication, designed to maintain the parent-child bond notwithstanding the geographic distance.

Hire an Attorney

The importance of hiring a knowledgeable family lawyer in child relocation cases is essential to ensuring that the complex legal standards governing relocation matters are navigated effectively and in the child's best interests.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.