When Relocation Isn’t Clear-Cut: Second Department Sends Nassau Custody Case Back for Hearing in Kataeva v. Kataev
In Kataeva v. Kataev (2025 NY Slip Op 06051, 2d Dept., Nov. 5, 2025), the Appellate Division underscored a key principle in New York relocation and custody modification law: even short-distance moves can trigger a best interests analysis and courts must hold a hearing when the facts are in dispute.
This Nassau County case involved divorced parents who shared joint legal custody under a 2022 stipulation granting the mother primary residential custody. The stipulation barred relocation beyond 15 miles from the marital home in Garden City without the father’s consent or a court order. When the mother moved approximately 13 miles away to Massapequa and enrolled the children in a new school district, the father sought to enjoin the relocation, requesting primary residential custody or, alternatively, that the mother handle transportation for his parenting time.
The Supreme Court denied his motion without a hearing; however, the Second Department reversed. Citing Tropea v. Tropea (87 N.Y.2d 727) and its progeny, the appellate court held that relocation disputes must be determined on their merits, with the “predominant emphasis” on the children’s best interests even if the relocation is within the approved distance.
Even when a move appears to fall within an agreed-upon mileage restriction, that stipulation alone is not determinative; courts must evaluate whether the relocation truly serves the children’s welfare, considering the Tropea factors such as stability, educational continuity, and the impact on the relationship with the noncustodial parent.
By remanding the matter for a full evidentiary hearing, the Court reaffirmed that no relocation, no matter how minor, should bypass judicial scrutiny when the parties disagree about its impact on the children.
For Nassau County and New York City parents, this decision reinforces two critical takeaways:
A geographic limit in a custody stipulation does not automatically authorize a move.
Any contested relocation demands a full, fact-specific best interests hearing.
If you are facing a relocation dispute or need to modify an existing custody order, the family law attorneys at Mindin & Mindin, P.C. have extensive experience handling complex relocation and modification cases in Nassau County, Queens, Manhattan, and throughout New York City.
Contact us today to schedule a confidential consultation and protect your parental rights.
