New York Family Law Blog
In February 2022, Emily F. filed a petition in the Supreme Court, Bronx County, seeking to modify a 2017 final order of custody and visitation. She requested permission to relocate her child from New York to North Carolina over the objection of the father, Victor P. The case came before the court on remittal from the Appellate Division for a new fact-finding hearing. The court considered testimony, documentary evidence, and the relocation standard in New York, which requires the moving parent to show that the relocation is in the child’s best interests.
Background Facts
Emily F. and Victor P. were previously married and lived in the Bronx between 2013 and 2016. They separated in 2016 after incidents of domestic violence. The 2017 custody order, issued on consent, gave the mother sole legal and physical custody and provided the father with parenting time. The mother lost her job at New York University in 2020 due to budget cuts and searched extensively for employment in New York, applying for over 65 positions. When she was unable to find work, she began looking in North Carolina, where she had family. In February 2022, she received an offer from Duke University and relocated with the child in June 2022.
Since the move, the child has been living in a gated community, performing well in school, participating in tutoring and athletic activities, and maintaining friendships. The father’s parenting time has been inconsistent, with missed opportunities during several school breaks and holidays. The mother offered to pay travel costs and proposed a schedule that included substantial time in New York and North Carolina. The child expressed a preference to remain in North Carolina while continuing to spend time with the father. The father did not testify or present evidence during the hearing.
Issue
The legal question was whether relocating the child to North Carolina would serve the child’s best interests under New York’s relocation standard.
Holding
The court granted the mother’s petition, finding that relocation to North Carolina was in the child’s best interests and adopting a parenting time schedule that preserved the father’s ability to have a meaningful relationship with the child.
Rationale
Under Matter of Tropea v. Tropea, courts consider each parent’s reasons for seeking or opposing the move, the quality of relationships, the impact on contact with the noncustodial parent, and whether the move will enhance the custodial parent’s and child’s life economically, emotionally, and educationally. The mother had been unable to secure employment in New York despite extensive efforts and relocated primarily for economic reasons. The move improved her financial stability, provided family support, and gave the child a stable living arrangement with his own bedroom and access to community amenities.
The mother remained the child’s primary caretaker, managing his education, medical care, and extracurricular activities. While the father’s parenting time was reduced, the schedule allowed for extended visits and preserved the potential for a meaningful relationship. The mother encouraged communication between the father and the child, though the father chose not to take advantage of all available parenting opportunities. The child’s preference to remain in North Carolina was also considered, though it was not determinative.
Conclusion
The court found that relocation served the child’s best interests, given the mother’s credible testimony, improved economic circumstances, and proposed parenting time plan. The mother retained sole legal and physical custody, with the father receiving parenting time during school breaks, extended weekends, and holidays, and the mother covering travel expenses for certain visits.
If you are facing a relocation dispute, child custody modification, or any other family law matter, it is important to understand your legal rights and the standards courts apply in these cases. A relocation decision can have lasting effects on both parents and children, and the outcome depends on the specific facts and evidence presented. Speaking with an experienced New York family lawyer at Stephen Bilkis & Associates can help you understand your options and develop a strategy tailored to your situation. Their team can guide you through the legal process, represent you in court, and work to protect your relationship with your children.