What Must a Custodial Parent Show to Get Permission to Relocate?

Under New York law, both custodial and noncustodial parents have protectable parental rights. Public policy favors having children spend quality time with both parents when feasible and beneficial. Normally, the noncustodial parent is awarded meaningful visitation time in order to preserve his or her bond with the child. However, the arrangement might be strained or even broken if the custodial parent relocates a long distance away.

When a custodial parent wishes to relocate, they must petition the court for permission if the other parent disagrees with the move. In the landmark case of Matter of Tropea v. Tropea, 87 N.Y. 2d 727 (1996), New York’s highest court departed from a previously restrictive approach that required the custodial parent to demonstrate “exceptional circumstances” to justify a move. Now, a judge must consider the totality of circumstances in deciding on relocation requests, with a primary focus on what outcome is most likely to serve the best interests of the child.

The court considers several factors to determine whether the relocation would serve the child’s best interests, including but not limited to:

1. Reasons for the move — The court examines why the custodial parent wishes to relocate. Legitimate reasons might include economic opportunities, proximity to extended family, educational opportunities for the child or significant life changes like remarriage.
2. Preserving the non-custodial parent’s rights — The court assesses the feasibility of maintaining a visitation schedule that allows the non-custodial parent to maintain a meaningful relationship.
3. Distance involved — The further away the custodial parent plans to move, the more strain is placed on the child’s relationship with the other parent.
4. Benefits to the child — The court evaluates the potential benefits of the move for the child, including better schooling, closer family ties or improved economic conditions.
5. Child’s preferences — Depending on the age and maturity of the child, the court may consider the child’s opinion concerning the move.
6. Each parent’s motives — The court looks into whether the custodial parent’s motive for relocating is in good faith and not intended to hinder the relationship between the child and the other parent. Conversely, it also considers whether the objections from the non-custodial parent are genuinely related to the child’s best interest or have other motivations.

The application of these factors is highly discretionary and depends on the specific circumstances of each case. No single factor is determinative.

The likelihood of a court granting a request for long-distance relocation is improved by a showing of efforts the custodial parent promises to take to foster the other parent’s continued, quality contact with the child. An experienced New York child custody attorney can assist in devising a proposed plan that includes frequent, lengthy visits and other measures designed to keep up the parent-child relationship. This can be a major factor in the court’s decision.

At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP, our attorneys offer compassionate counsel for parents in cases of child custody modification. Based in St. James, New York, we serve clients across Long Island. Call us at 631-360-0400 or contact us online to arrange a free initial consultation.