Factors Considered in New York Child Relocation

When a custodial parent in New York requests the court for permission to relocate a child while the noncustodial parent opposes the relocation on the basis that it will limit his or her access to the child, the Court involved will consider the issue in terms of what is in the best interests of the child. The factors that the Court will consider were stated by the state's highest court, the New York Court of Appeals, in a case called Tropea vs. Tropea. In that case, the Court stated that it should be free to weigh the following in making its decision:

• each parent's reason for seeking or opposing the relocation;
• the quality of the relationship the child has with each parent;
• how the relocation will affect both the quantity of time spent with and the quality of the child's relationship with the noncustodial parent;
• what benefits both the child and the custodial parent will receive from the relocation, such as economic, emotional, or educational;
• how workable it may be to preserve the child / noncustodial parental relationship through visitation arrangements.

The Court will decide whether a geographical relocation is in the best interests of the child through a "preponderance of evidence" stemming from the above factors.

New York Child Custody Attorney

If you are facing a relocation issue, whether as the custodial or noncustodial parent, it is important that you find competent and committed legal representation. This issue can have a major impact on you and your child's future; you should ensure that your voice is heard. The attorneys at the New York law firm of Eiges & Orgel, PLLC have more than 75 years of combined legal experience in this often complex area of law; they have been AV-rated by Martindale-Hubbell, which is the highest rating available based on peer review and ranked "Excellent" by Avvo.com

The legal team has been effective in handling more than 500 cases of child custody. That kind of practical experience can make a difference in your case. Contact the firm to arrange to speak with one of the attorneys about your relocation or other child custody matter today.