New York Family Law Blog
In New York, a parent who wants to relocate with a child must show by a preponderance of the evidence that the move will serve the child’s best interest. Courts consider several factors, including the reasons for the move, the relationship between the child and each parent, the impact of the move on the child’s relationship with the noncustodial parent, and whether the move would improve the child’s educational, emotional, or economic well-being.
In K. v. V., the Supreme Court of Kings County considered whether a mother should be allowed to relocate with her teenage daughter from Brooklyn, New York to Los Angeles, California. The father objected to the move. The court had to decide whether the relocation would be in the child’s best interest under New York law.
Background Facts
The parents never married. They separated in 2010, shortly after their daughter was born. In 2013, they signed a custody agreement that gave both parents joint legal custody, with the mother having primary physical custody. The father had regular parenting time.
Over the years, the mother’s acting career began to take off, and she started spending more time working in Los Angeles. When she was away, the daughter lived with the father in Brooklyn. The mother claimed she tried to maintain the custody arrangement by traveling back and forth and arranging visits. She said that the father did not respond well to her efforts to co-parent. She also said that the father did not keep up with the child’s medical and emotional needs.
The daughter, now fourteen, has lived most of her life in Brooklyn. She has been attending a specialized public high school in New York City. The mother wanted to enroll her in a private high school in Los Angeles, which she said would offer better support and opportunities.
Question Before the Court
Whether the mother could relocate with the daughter to Los Angeles over the father’s objection.
Court’s Decision
The court ruled in favor of the mother and allowed the relocation. The court found that the move would benefit the daughter emotionally, educationally, and financially. The court also approved a new parenting time schedule that would give the father extended visits, including holidays and summer break.
Discussion
The court focused on several key points. First, the court found that the mother had been the primary caregiver. She was the one who arranged medical appointments, helped with school matters, and addressed the daughter’s emotional needs. When the child stayed with the father for long periods, the mother said she saw signs of neglect, such as untreated medical issues and changes in the child’s behavior.
The father did not dispute many of the mother’s claims. He said he had concerns about some of the doctors the mother selected, but he did not follow up by finding other providers. He admitted that he did not respond to many of her emails and did not make appointments himself. He also refused to consider any high school options outside New York City, including the one the mother found in Los Angeles.
The court also looked at how each parent communicated with the child. The mother showed she was in regular contact and that the child was open with her about problems. The father admitted he did not have those kinds of conversations with the child and felt uncomfortable discussing certain topics with her.
Although the father claimed that moving to Los Angeles would damage his relationship with the child, the court found that the mother’s proposed parenting plan would allow for meaningful time with the father. The plan included holidays, school breaks, and summers. The court noted that the father could also visit the child in Los Angeles and that the mother agreed to pay for travel costs.
The child’s wishes were also considered. While the court did not base its decision solely on the child’s preference, it did take into account that the child was 14 years old and that her attorney supported the mother’s request to move.
Conclusion
This case shows how courts handle relocation requests in child custody cases. Even when both parents have joint legal custody, a court can allow one parent to move with the child if it finds that the move is in the child’s best interest. Here, the court found that the mother had been more involved in the child’s daily life and better understood her needs. The court also found that the mother had made efforts to include the father, but he often refused to engage.
Relocation cases can be complicated. They often require a full hearing and involve careful review of each parent’s role and ability to care for the child. If you are involved in a custody dispute and need help understanding your options, contact an experienced New York child custody lawyer at Stephen Bilkis & Associates.