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A parent seeking to relocate with a child bears the burden of establishing by a preponderance of the evidence that the proposed move would be in the child's best interests. In determining whether relocation is appropriate, the court must consider a number of factors including each parent's reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child's future contact with the noncustodial parent, the degree to which the custodial parent's and child's life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and child through suitable visitation arrangements.
Here, the mother established by a preponderance of the evidence that relocating to Georgia was in the child's best interests. The mother had sound reasons for wanting to relocate, including providing the child with a better environment and increased financial stability. The Family Court's determination to credit the mother's testimony as to how the move would improve her finances is entitled to deference. As to the father's relationship with the child, who was 11 years old at the time of the hearing, the evidence demonstrated that the mother was the primary caregiver ; that the father was not involved in the child's day-to-day life, education, or healthcare ; and that the father kept in contact with the child more through phone and FaceTime calls, rather than through in-person visits, which he could continue if the child moved to Georgia. Moreover, the evidence demonstrated that the child liked the area where the mother sought to move, he had extended family in Georgia, several of the mother's family members who saw the child regularly in New York were also moving to Georgia, and the child could visit the father during school breaks. Thus, the mother demonstrated a change in circumstances warranting a full hearing on her petition, and at that hearing established by a preponderance of the evidence that the proposed relocation was in the child's best interests.
The father correctly contends, however, that the Family Court should have set a more detailed schedule for parental access and should have specified how the parties are to pay for travel associated with that schedule. As the distance between New York and Georgia will prevent the parties from continuing their current practice of spontaneous visits when the father or the child wants to visit, the court should have provided them with a specific schedule for parental access to allow them to plan their travel and visits in advance. Accordingly, we remit the matter to the Family Court, Suffolk County, to set forth, with all convenient speed, a more detailed schedule for parental access, which shall specify how the parties are to pay for the travel associated with such schedule.
Thomas v. Mobley, – NYS3d – , 2022 WL 2057827 (2nd Dep’t. 2022)