Family law attempts to preserve the relationships between a child and both parents, granting each a variety of rights and recognizing their responsibilities. A custodial parent moving out of state with a child significantly complicates these arrangements. In the absence of an Agreement, court permission is required in New York before such a move is possible. Depending on the circumstances, they may grant the request, deny it altogether or a change in custody and/or modify visitation.

Reviewing Requests on a Case-by-Case Basis

Each case is evaluated independently using a variety of factors to determine what the reason for the move is, whether it would enhance the child’s life economically or education-wise and how it would affect the child's existing relationships with the non-custodial parent and family. These factors are based on a Court of Appeals case, Tropea v. Tropea.

Potential Outcomes of a Relocation Request

Because courts are required to serve the child’s best interests, they may approve the request but modify visitation to provide the non-custodial parent with meaningful access. If, however, the benefits of the move don’t seem to outweigh taking a child away from their other parent, friends, and family, then the courts may deny the request and require the custodial parent to remain. A third option is changing custody if the child’s relationship to the community is strong and the move will not provide them with compelling benefits and the parent requesting the move persists.

If you or the other parent wants to move your child out of state, speak with Thomas A. Corletta, Attorney at Law to learn more about your options. Family law matters are complex, requiring sensitive treatment from a skilled lawyer with an in-depth understanding of the legal system. Attorney Corletta has served the Rochester, NY, area for 35 years, providing personalized attention to clients in a wide variety of situations, from divorces to child custody disputes. Learn more about his family law services online, or call (585) 546-5072 for a consultation. Follow the firm on Facebook for additional tips and legal advice.