New York Family Law: Relocation and Tropea Factors

Rincker Law Family/Matrimonial Law 3 Comments

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Under New York law, a parent can relocate outside of New York only with a court order or agreement by the other parent, but it must be in the best interest of the child and cannot inhibit the other parent from having parenting time, assuming he or she has visitation rights.

Tropea v. Tropea, 87 N.Y.2d 727 (1996) is the controlling case law in New York for parental relocation cases and the New York Court of Appeals set the precedent in New York for using a best interest of the child analysis in deciding parental relocation. In Tropea, the mother was the custodial parent with sole residential custody and the father had visitation rights. There was a clause in the divorce separation agreement that the mother could not relocate outside the county without court approval. The mother had remarried, had a new baby on the way with her new husband, and the couple had recently bought a house in another county. Respondent argued that he should not lose out on visitation with his child just because the mother wanted a different lifestyle. The trial court held that the mother’s wish to have a new start with her new family did not sufficiently serve the best interest of her child. At the appellate level, the court said that the move would still allow the father meaningful access to his child and approved the relocation. The case was then appealed to New York’s highest court. The New York Court of Appeals upheld the decision of the appellate court and ruled that the mother’s remarriage and desire to make a “fresh start” with her new family was in the best interest of the child because she was able to show how this would provide the child with a more stabile family unit and a better quality of life (from an economic standpoint). Further, the move was not so far that the father would be unable to have meaningful access to and visitation with his child.

In relocation cases, the relocating parent bears the burden of proving by a preponderance of the evidence that relocation is in the best interest of the child. The best interest of the child is at the court’s discretion in relocation cases and the court considers these following factors, known as the Tropea factors:

(1) The good faith of the parents in requesting or opposing the move;

(2) The child’s respective attachments to the custodial and non-custodial parents;

(3) The possibility of devising a visitation schedule that will enable the non-custodial parent to maintain a meaningful relationship with the child;

(4) The impact of the move would have on the quality of the life of the child;

(5) Any negative impact from hostility between the parents;

(6) The effect on extended family relationships; and

(7) Any other factors the court may consider.

 

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Comments 3

  1. How does this impact on shared custody when the child lives, school in dad’s school district and spends more time with him yet the mom wants to move to another state with her boyfriend?

  2. What is ruling when one parent was not to live within 50 miles of the other parent and child. Disobeyed the court and moved closer. For party parent kept moving closer. And started taking second party back to court and local courts in different counties did follow through with the top court in NYS. Does tropes order trump all other rulings. Parent #1 takes parent # 2 back to court just about the same time every year. Parent one was to get two bedroom living quarters at beginning of custody do to child being opposite sex and child is 9 going on 10 and still goes for visitation in one bedroom. Just a question thank you!

  3. In my case (still going) as the father, I filed for joint custody and place myself on child support. The mother Counter served suddenly seeking relocation. 2 adjournements. The 3rd date, which was the first of the trial, in a time mix up, my lawyer and I showed at the wrong time. Judge dismissed my case, mom withdrew and sly agreed I keep paying support through my bank.
    She had the child lie as she packed up and left NY within a couple days of that dismissal. Served her within a week but 3 months later and 2 adjournments… to November, my child is still 10 hours away, and I found out her fiance is a reg sex offender the week before my dismissed case, but never got to present. Child is grief stricken but has to finally talk to child lawyer in a week.
    Wish this father luck.

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