In Matter of Scotto v. Alexander, the Appellate Division, Second Department, reviewed a Family Court decision denying a father’s request to relocate with his children from New York to South Carolina. The case examined the legal standard for relocation, the factors courts must weigh when a custodial parent seeks to move, and how evidence on financial stability, educational needs, and family support can influence the court’s determination. It also addressed the impact of relocation on the noncustodial parent’s access to the children and how parenting schedules can be adjusted to preserve relationships.
Background Facts
The parents, who were never married, had two children, born in 2012 and 2016. In April 2017, they entered into a so-ordered stipulation of settlement granting the father sole legal and residential custody. The mother was given supervised parental access.
The father and children lived in a house in New York owned by the father’s grandmother. In November 2021, the father filed a petition to modify the 2017 stipulation to allow him to relocate with the children to South Carolina. He testified that he could no longer continue renting his grandmother’s house. The mother contributed $25 per month in child support for both children.
The father stated that he could obtain a job in his field in South Carolina at a salary equal to or greater than what he earned in New York, and that his living expenses would be lower there. He also had extended family in South Carolina, including the paternal grandmother, a certified behavioral analyst and special education administrator who had been assisting with one of the children’s special needs.
He testified that he had been the children’s primary caregiver since 2017 and that the mother had little involvement in their education, healthcare, or daily lives. He acknowledged that the move would affect the mother’s in-person contact with the children but believed that a schedule could be arranged to maintain their relationship. The Family Court denied his petition after a hearing, and the father appealed.
Issue
The issue was whether the father proved by a preponderance of the evidence that relocating with the children to South Carolina was in their best interests.
Holding
The Appellate Division reversed the Family Court, granted the father’s petition, and remitted the matter to establish a post-relocation parental access schedule for the mother.
Rationale
Under Matter of Tropea v. Tropea, 87 N.Y.2d 727, a parent seeking to relocate must prove that the move would be in the child’s best interests. Factors include:
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Each parent’s reasons for seeking or opposing the move.
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The quality of relationships between the child and each parent.
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The impact on the child’s future contact with the noncustodial parent.
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The degree to which the move may enhance life for the custodial parent and child.
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The feasibility of maintaining the noncustodial parent’s relationship through visitation.
The appellate court found the Family Court’s denial unsupported by the record. The father showed that he could not stay in his current housing and that relocation would allow him to keep comparable employment while lowering living costs. He had a strong support system in South Carolina to help with childcare and special needs.
The record showed that the father had been the primary caregiver for years, while the mother had limited involvement. Although relocation would reduce her in-person time, the court noted that a suitable access schedule could maintain her relationship with the children.
Considering all the Tropea factors, the court found relocation to be in the children’s best interests. Stable housing, family support, and financial viability outweighed the reduced physical access, given the possibility of alternative arrangements for contact.
Conclusion
Matter of Scotto v. Alexander shows how New York courts approach relocation cases. The decision illustrates that relocation may be approved where the custodial parent can show improved stability and resources for the child, even when it changes the noncustodial parent’s access, as long as the relationship can be preserved through a workable parenting plan.
If you are involved in a relocation matter, whether seeking to move with your child or opposing such a move, it is important to present evidence on all factors the court will consider. Contact a New York family lawyer at Stephen Bilkis & Associates to learn more about your options and to protect your rights and your child’s best interests.