After a divorce settlement has been reached, including details about child care and visitation, disputes may arise if a former spouse seeks to move for work or quality of life reasons. In all instances, a desire to relocate must first be approved by Family Court.
In determining whether or not to allow a parent to relocate, the Court primarily concerns itself with the well-being of the child.
The New York Court of Appeals, in Tropea v. Tropea, noted that each relocation request must be considered individually, taking into account all of the relevant facts and circumstances to decide what outcome is most likely to serve the best interests of the child. This made clear that while the rights of the parents are significant factors that must be considered, the child's rights and needs must be given the greatest weight.
The Court’s assessment of how relocation will affect the child takes into account questions like: strength of the relationship and attachment between the child and the non-custodial parent, ability for visitation to be maintained, impact on a child’s education and community ties, and potential effect on quality of life. If it is shown that a relocation will not adversely affect the child, a relocation request is more likely to be granted.
