There were recent cases regarding relocation and the courts in these instances denied relocation.  The primary concern of any relocation is whether the relationship with the parent that is not relocating will be damaged and not be able to be maintained.  In a recent case in the Third Department, the mother appealed an Order granting father’s application to modify a prior custody Order.  The parties had joint legal custody of the child with the mother having primary physical custody and father having parenting time.  Mother sought to relocate with the child to West Virginia where her husband lived and father cross-petitioned for primary physical custody.  Family Court denied mother’s relocation petition and granted father primary physical custody finding she gave little thought to the impact such a relocation would have on the child’s relationship with the father and there was no evidence to support her claim of improved financial circumstances in West Virginia.  In another case, again in the Third Department, the mother appealed an Order granting father’s petition to modify an Order of custody, arguing Family Court’s determination was not supported by a sound and substantial basis on the record.  Relocation is based on several factors.  It is really a case‑by‑case decision.  The biggest question one must consider is how far from the relocation is.  Is the current parenting schedule that was agreed to in the divorce or Family Court Order be able to be maintained?  Or will that need to change and will the change adversely affect the children.  The problem with relocation is your options are either petition to relocation; if not granted then you either cannot relocate or custody may change to the other parent.  This is what the dilemma is about relocation.  It is a Solomon type decision.  The court cannot prevent someone from relocating however if they do, they may lose custody.  In this climate when joint legal custody and co‑parenting has become important in the law based on psychological evidence and case studies this seems to be a trend.  If you have joint legal custody and possibly 50/50 parenting time or close to it, a relocation will be difficult to continue to maintain.  The answer is if the relocation is necessary the court may allow it.  What has been deemed as necessary is something of a nature of someone’s job being transferred without their control, family support in another state; whatever issues may arise after the divorce that would require someone to relocate.  It cannot be on a whim or just a desire to leave the state.  There must be a valid reason and it must be in the children’s best interest to do so.  Also, the parent that remains behind must be able to have custody of the children and be able to take care of them.  If someone wants to relocate and the parent that doesn’t want to relocate cannot accommodate a full custody situation then the relocation will be granted.  So, there are a few tests that must be done. 

            1.         Why is there a relocation? 

            2.         How will it impact the parenting relationship? 

            3.         What was contemplated when you entered into the agreement?  Is it a true 50/50 parenting?  Are both parents very involved with the children?  Do both parents maintain the parenting time in the agreement? 

            4.         If the parent that isn’t relocating, can they accommodate a full custody situation whereby they will be able to take care of the children financially, emotionally and physically. 

            Things can change, and relocation has become an even greater issue especially with remote access and being able to work from home.  I recently had a case whereby a parent was able to work remotely and wanted to relocate to Florida where the rest of the family was and in this situation the child wanted to live in Florida.  In other circumstances and in other cases the court may look at the availability of virtual access.  When years ago, all there could be was a phone call and especially if a child was young that was difficult in order to maintain contact.  Now with Facetime and children being so comfortable with computers and virtual appearances the court looks at the availability of the parent being able to see the other parent in these relocation cases because if you can Facetime and see or even participate in an activity with the child through Facetime the need to visit on a daily or frequent basis can be argued can be replaced by the Facetime in light of the reasons for the move which is beneficial for the child.  So, there are many different circumstances that come into play.  Of course, the age of the child also will be of consequence.  The younger the child the more difficult it is to relocate.  Also, if a child has to fly there’s issues for the young children flying at a certain age level with regard to flying alone.  Flying also about the pandemic makes it more difficult for children to fly and maintain contact.  So, there are a host of reasons for relocation, reasons to relocate, reasons not to relocate and of course ultimately the decision is what is in the best interest of the children.  So, if you are thinking of relocating or your ex has mentioned relocation, please consult with an attorney immediately so that you know what your rights, obligations and what your chances are with regard to that type of an application.