New York Divorce Lawyers

Divorce Practice of Robert Aronov, Esq. has experienced great success, with closing over several thousand transactions. Robert Aronov & Associates, P.C. counsels clients in all areas of divorce law

Manhattan Office
305 Madison Avenue
New York, NY 10165
TEL. (212)807-5525
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We also have offices in:
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Richmond Hill, NY - Main Office
88-02 136 Street
Richmond Hill, NY 11418
TEL. (718) 206-1555
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Westchester Office
75 South Broadway - 4th Floor
White Plains, NY 10601
TEL. (914) 819-5787
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Long Island Office
1225 Franklin Avenue, Suite 325
Garden City, NY 11530
TEL. (516) 512-8967
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Brooklyn, NY Office
1635 E. 19th St
Brooklyn, NY 11229
TEL. (877) LAW-NOW9
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RELOCATION CASES

"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."

New York Court of Appeals, Tropea v. Tropea

Under what circumstances may a custodial parent relocate together with a child?

The factors that the courts consider are numerous.

* The reasons for the proposed move, e.g.

- Economic reasons
- Health reasons
- Remarriage
- Fresh start
- Other family members.

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.

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Please be advised that the information contained in this web site is general information regarding the law. Nothing contained herein constitutes the formal rendering of legal advice, nor can the creation of an attorney/client relationship be formed by merely visiting this web site. The law can be quite complex and nuanced and is constantly changing.

If you wish to discuss a legal matter with Robert Aronov & Associates, PC, please call us at (718) 206-1555, and we will arrange for a consultation.

 

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New York Divorce Attorneys Disclaimer: Attorney advertisement, this website is not intended to solicit clients for matters outside of the state of New York. The New York divorce legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a NY Divorce Attorney for a consultation on your particular matter.

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