Legal Question in Family Law in New York
Could the child be relocated together non-custodial parent?
David and Susan got a divorce when their child Josh was one years old. Susan got custody of Josh, and Gab got visitation right every other weekend, alternative holdays and two weeks in the summer. However, that also had an agreement and on the agreement it does not contain any restriction on either parent's right to move. Susan now wants to move to Florida to be near her parents and who need her help. She also has been offered a job at a slightly higher salary than she makes in New York. In addition, Josh is attached to both of the parents and told the forensic evaluater that he wishes they could live together. Now My question is do you think the courd wil premite Susan to move with Josh to florida?
2 Answers from Attorneys
Re: Could the child be relocated together non-custodial parent?
Under the Court of Appeals decision in "Tropea" the special circumstances test was disgarded. The Court recognized that we are now a very mobile society. Therefore, the standard followd by the court in granting one parent permision to relocate with the child is what is in "the best interests of the child."
Since this will depend on the facts of the case, you are best advised to consult with an experienced matrimonial attorney.
Re: Could the child be relocated together non-custodial parent?
If it can be shown that the relocation is in the best interests of the child, the move will be permitted.
Daniel Clement
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