Relocation with Children in New York

The rule comes from a court decision

In New York, the standard for relocation cases comes from the Court of Appeals decision in Matter of Tropea v Tropea, 87 NY2d 727, decided March 26, 1996.

The court rejected the rigid three-step "meaningful access" and "exceptional circumstances" analysis some lower courts had used, and held 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.

Factors the court weighs

Tropea lists factors that include, but are not limited to:

• Each parent's reasons for seeking or opposing the move
• The quality of the relationships between the child and each parent
• The impact of the move on the quantity and quality of the child's future contact with the noncustodial parent
• The degree to which the custodial parent's and child's life may be enhanced economically, emotionally and educationally by the move
• The feasibility of preserving the relationship between the noncustodial parent and child through suitable visitation arrangements

The court said no single factor should be treated as dispositive or given such disproportionate weight as to predetermine the outcome, and that it is for the court to determine, based on all of the proof, whether it has been established by a preponderance of the evidence that a proposed relocation would serve the child's best interests.

How a relocation request reaches court

In Tropea itself, the parent asked the court for changes in the visitation arrangements and for permission to relocate. If you already have a New York custody or visitation order, the statewide form for asking the court to change it is GF-40, which asks you to describe the change of circumstances and how the order should be modified. Read your existing order closely as well.