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"In reality,
cases in which a custodial parent's desire to relocate conflicts with the
desire of a noncustodial parent to maximize visitation opportunity are simply
too complex to be satisfactorily handled within any mechanical, tiered analysis
that prevents or interferes with a simultaneous weighing and comparative
analysis of all of the relevant facts and circumstances...
We hold 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 bests interests of the child."
From the New York
Court of Appeals, Tropea v. Tropea.
The courts in New York
regulate such moves carefully. The factors that the courts consider are
numerous and unlimited. They include:
-The reasons for the
proposed move (economic, health, remarriage, "fresh start," other
family members, etc.
-The effect of the
proposed move on parental visitation.
-Whether visitation
can be suitably revised.
-Any provisions in a
separation agreement concerning relocation.
-The disruption of
relationships in the event of a move.
-The involvement of
each parent and others in the child's life.
-The distance and
required travel arrangements involved in the move.
-The living conditions
and the educational, recreational, medical and other facilities available in
the new location.
-The results of any
home studies regarding the parties' current circumstances and the proposed new
location.
-The likely
psychiatric impact upon the parties and the child if there is a move or change
in custody.
-Any violation of
prior court orders.
-The impact of the
relocation on the noncustodial parent.
-The possibility of
transferring custody to the noncustodial parent in order to allow the custodial
parent to move.
-The feasibility of a
parallel move by the noncustodial parent.
-The good faith of the
parent requesting the move.
-The child's
attachments to each parent.
-The lifestyle of the
child in each location, including emotional, educational, and economic factors.
-The effect of hostility
between the parents in each location.
-The effect on
grandparent and other extended family relationships.
-The safety of the
child and the safety of either parent from physical abuse by the other parent.
-The preference of the
child when of sufficient age and capacity to reason so as to form an
intelligent decision.
-The needs of the
child.
-The stability of the
home environment offered.
-The quality and
continuity of the child's education.
-The fitness of the
parents.
-The geographical
proximity of the parents' homes.
-The extent and
quality of the time spent with the child prior to or subsequent to the
separation.
-The parents'
employment responsibilities.
Contact our office for
further information regarding this type of case: info@international-divorce.com
