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Relocation (with The Children) And Visitation
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Visitation – Visitation, now referred to as parenting time, is viewed as part of the joint right of the child and non-custodial parent to an ongoing relationship. The love and guidance of the non-custodial parent is highly valued and promoted by the court in the absence of any factors which would be harmful to the child. As a rule the basic form of parenting time for the non-custodial parent is alternating weekends & holidays, shared time on the child’s birthday, time on the parent’s birthday and Mother’s or Father’s Day as may be applicable, alternate school vacation weeks (where the parent’s schedule allows) and two weeks or so in the summer. This is a basic schedule and additional time or a modified schedule is not at all unusual
Relocation (with the children) – The Courts use a “best interests of the child” standard to decide whether a parent will be able to re-locate away from the geographic area where the non-custodial parent resides. To determine the “best interests of the child,” the courts utilize the approach adopted by the New York Court of Appeals in Tropea v. Tropea, 87 N.Y.2d 727, 665 N.E.2d 145, 642 N.Y.S.2d 575 (1996). The court will consider:
Each parent’s reasons for seeking or opposing the move.
The quality of the relationships between the child and the custodial and non-custodial parents.
The impact of the move on the quantity and quality of the child’s future contact with the non-custodial parent.
The degree to which the custodial parent’s and child’s life may be enhanced economically, emotionally and educationally by the move.
The feasibility of preserving the relationship between the non-custodial parent and child through suitable visitation arrangements, and
The negative impact, if any, from continued or exacerbated hostility between the custodial and non-custodial parents, and the effect that the move may have on any extended family relationships.
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