Appellate Division Department

Year

Case Name

Granted or Denied

Specific Location

Case Summary

First

2008

David J.B. v. Monique H., 52 A.D.3d 414

Granted

NY to Florida

No facts; It was in the children’s best interest to permit mother to remain in Florida with children.

First

2008

Helen H. v. Christopher T., 47 A.D.3d 590

Denied

NY to Australia

Mother’s financial circumstances and immigration status were not so exigent as to require her immediate relocation to Australia. Such a move would cause irreparable harm to the father’s relationship with child.

First

2008

Jenifer W. v. Johnathan L., 55 A.D.3d 340

Granted

NY to NJ

No facts; Children’s best interests were properly considered .

First

2007

Ritz v. Ritz, 36 A.D.3d 437

Denied

NY to Israel

Move to Israel would prevent father from having a normal relationship with his children. Telephone, video hookups and occasional summer visitations would not be a substitute for regular, face-to-face contact between father and children. No substantial benefits from the move.

First

2007

Yolanda R. v. Eugene I.G., 38 A.D.3d 288

Remand

NY to Atlanta

Remand; family court didn’t provide enough information for court to determine whether relocation was in child’s best interests – family court failed to interview children despite law guardian advising court that children desired to be in Atlanta with mother.

First

(Supreme) (Queens)

2004

Vasquez v. Vasquez, 4 Misc.3d 1005(A), 791 N.Y.S.2d 874

Granted

NY to Pennsylvania

Stipulation agreed to 35 miles; Father reluctant to visit; Mother moved children 100 miles away; family there; better home life conditions.

First

2000

Salichs v. James, 268 A.D.2d 168

Denied

NY to Puerto Rico

Mother failed to satisfy that moving would enhance child’s life.

First

1998

Delgado v. Nazario, 253 A.D.2d 640

Denied

NY to Florida

Mother’s desire for a “better life” is too vague; no proof that asthma will improve in Fl or that NY is threat to well-being.

Second

2009

Arroyo v. Thompson, 63 A.D.3d 921

Denied

NY to Ohio

No facts.

Second

2009

Martino v. Ramos, 64 A.D.3d 657

Denied

NY to South Carolina

Mother sought permission to relocate with parties’ child from NY to South Carolina. Father exercised visitation almost every weekend since parties’ separation and remained active in child’s life. Although mother showed that relocation to South Carolina would decrease her housing costs, this did not support uprooting child from only area he has ever known, where he is thriving academically and socially and where relocation would affect his relationship with father. Mother failed to demonstrate by preponderance of evidence that proposed relocation was in child’s best interests.

Second

2009

Impastato v. Impastato, 62 A.D.3d 752

Denied

NY to Texas

Relocation would have a negative impact on the father’s relationship with children.

Second

2009

Mathie v. Mathie, 65 A.D.3d 527

Granted

NY to NJ

Mother wanted to move to live with her new husband and his family in NJ. Based upon the evidence and the forensic psychiatrist’s report, both the plaintiff and the defendant share equally strong relationships with their son. As evidenced by the forensic psychiatrist’s report, the child favors the move to NJ as long as he continues to spend the same amount of time with the father. A visitation schedule could be devised that would allow for the continuation of a meaningful relationship with the Father.

Second

2009

McMahon v. McMahon, 62 A.D.3d 968, 880 N.Y.S.2d 120

Denied

Parties stipulation provided that the mother could relocate within 90 miles radius of the marital residence. Mother seeks permission to relocate. Court held that the stipulation is not dispositive bit rather one of several factors to consider in determining whether relocation is in children’s best interest.

Second

2009

Said v. Said, 61 A.D.3d 879, 878 N.Y.S.2d 384

Granted

NY to PA

Mother seeks permission to relocate. Although Family Court expressed concern that mother’s fiancé would continue to undermine father’s relationship with the children, evidence demonstrated that the mother and fiancé fostered relationship between children and father. Also, given the children’s ages, maturity, and preference to live with mother, although not controlling, is entitled to significant weight.

Second

2009

Sylvain v. Paul,
68 A.D.3d 883

Denied

NY to FL

The mother's claims that the schools in Florida were better than those in New York and that she had a greater possibility of gaining employment in Florida were not substantiated by any evidence in the record. Contrary to the mother's contention, her desire to move to Florida to live with her new husband, who resided in Florida where he was employed as a truck driver. Child had a strong loving relationship with father and extended family.

Second

2009

Dickerson v. Robenstein,
68 A.D.3d 1179, 889 N.Y.S.2d 319

Denied

NY to CT

Mother's husband was in the military and was only temporarily stationed in Connecticut, which created the possibility of another relocation in the future. The father, however, maintained his residence in the Capital District his entire life. His proximity to the child's extended families also weighed in his favor, especially considering his demonstrated willingness to support and encourage the child's relationship with the mother's relatives. Although the mother cited her desire to promote a relationship between the child and his half sibling as one reason for seeking the relocation, she offered no evidence that such relocation was necessary to accomplish this goal, or that the relocation was otherwise necessary to enhance the child's economic, emotional or educational welfare.

Second

2009

Lee v. Morgan,
67 A.D.3d 681, 889 N.Y.S.2d 205

Denied

NY to CT

Family Court granted the mother's petition to modify an order so as to allow her to relocate with the child upon the father's failure to appear on the return date of the petition. The father established a reasonable excuse for his default based on his reasonable belief that the matter would be adjourned and established a meritorious defense to the mother's petition to modify the prior order allowing her to relocate with the child.

Second

2009

Garcia v. Becerra,
68 A.D.3d 864

Granted

NY to FL

No facts.

Second

2008

Noble v. Noble, 52 A.D.3d 490

Granted

Long Island to upstate NY

Proposed move was in the children’s best interest because it would provide economic, emotional and educational benefits for mother and children.

Second

2008

Bonnilla v. McCuen, 51 A.D.3d 915

Granted

NY to North Carolina

No facts; relocation was in the children’s best interest.

Second

2008

Grasso v. Grasso, 51 A.D.3d 920

Granted

NY to Connecticut

No facts; relocation was in the children’s best interest. Modification of visitation schedule allowed continued continuation of meaningful relationship between father and children.

Second

2008

Etienne v. Sylvain, 47 A.D.3d 930

Granted

NY to France

Relocation to France was in children’s best interests and visitation schedule permits father to have meaningful relationship with parties’ children.

Second

2008

Bruno v. Bruno, 47 A.D.3d 606

Granted

NY to Florida

Relocation permitted where mother demonstrated that move would enhance child’s life economically, socially and educationally.

Second

2008

Friedman v. Rome, 46 A.D.3d 682

Denied

NY to California

Mother’s reason to move – to meet the demands of her second marriage – did not justify uprooting children from NY where they are thriving academically and socially and father was involved in children’s lives.

Second

2008

Cooke v. Alaimo, 44 A.D.3d 655

Granted

NY to Florida

No facts; move was in child’s best interest and allowed for continuation of meaningful relationship between father and child.

Second

2008

Scannevin v. Scannevin, 51 A.D.3d 901

Denied

NY to Maine

Evidence failed to show that relocation was in children’s best interests.

Second

2008

Wirth v. Wirth, 56 A.D.3d 787

Granted

NY to Florida

Economic necessity justified move to Florida.

Second

2008

Giraldo v. Gomez, 49 A.D.3d 645

Denied

NY to Florida

Although the Family Court considered the mother’s allegations of domestic violence, the court properly determined that it was not in the child’s best interests to relocate.

Second

2007

Fegadel v. Anderson, 40 A.D.3d 1091

Granted

NY to Florida

Where child has an emotional bond with her sister, who also lives in Florida, and mother cited health and economic reasons for relocation, it was in child’s best interest to move.

Second

2007

Wisloh-Silverman v. Dono, 39 A.D.3d 555

Granted

NY to Pennsylvania

Move to Poconos would enhance child’s life economically, emotionally and educationally and the relationship with noncustodial parent could be preserved through visitation arrangements.

Second

2007

Ganzenmuller v. Rivera, 40 A.D.3d 756

Denied

NY to NJ

No facts; mother failed to establish that move would serve child’s best interests.

Second

2006

Schreurs v. Johnson, 27 A.D.3d 654

Granted

NY to Florida

Father’s job relocated by his employer to a location in FL near maternal grandmother’s home, with $20,000 raise. Father offered to pay mother’s expenses to visit child on alternate weekends. Mother also traveled to FL regularly to see her psychiatrist.

Second

2006

Zammit v. Novellino, 30 A.D.3d 534

Denied

NY to North Carolina

Father did not have a better job or housing awaiting him in North Carolina, nor did he have a large extended family network to assist him there as he did in NY; therefore, not in child’s best interests

Second

2006

Treadwell v. Treadwell, 32 A.D.3d 522

Granted

NY to North Carolina

No Facts: family court properly determined that it was in the children’s best interest to relocate.

Second

2006

Tornheim v. Tornheim, 28 A.D.3d 535

Granted

NY to Florida

No facts; sound basis for the trial court’s determination

Second

2006

Brzozowski v. Brzozowski, 30 A.D.3d 517

Denied

Nassau County to Westport, Connecticut

No facts; sound and substantial basis for the trial court’s determination.

Second

2005

Coulter v. Scales, 20 A.D.3d 475, 797 N.Y.S.2d 772

Granted

NY to Florida

Child’s desires are not determinative; no facts.

Second

2005

Ish-Shalom v. Whittman, 19 A.D.3d 493, 797 N.Y.S.2d 111

Granted

NY to Florida

No facts: trial court had sound and substantial basis for permitting relocation.

Second

2005

Henderson v. Henderson, 20 A.D.3d 421, 798 N.Y.S.2d 128

Granted

NY to Virginia

Needed revised visitation schedule and transportation costs to be equally split.

Second

2005

Vega v. Pollack, 21 A.D. 3d 495

Granted

NY to Virginia

Loving relationship with Father and family in NY, but Mother remarried, has step-children, and able to provide a comfortable standard of living; new husband has bonded with child; child expressed preference for VA; court acknowledged that Father’s visitation would suffer.

Second

2005

Tabernuro v. Jones, 23 A.D.3d 667

Granted

NY to Florida

Where father committed second degree harassment against the mother, it was in the best interest of child to relocate.

Second

2004

Rheingold v. Rheingold, 4 A.D.3d 406

--

set down for hearing

Kings Co., NY

Parties had agreed to 40 mile radius – court considered this only as one factor of B/I analysis, not dispositive.

Second

2004

Adlerstein v Adlerstein, 5 A.D.3d 616

Granted

Queens, NY to Toronto, Canada

Mother and son were living in Toronto and permitted to remain there until son finished term of high school, provided Father could visit.

Second

2004

Aziz v. Aziz, 8 A.D.3d 596

Granted

New York to Texas

Relocation permitted due to extensive support network (Mother’s family), Mother would live with Grandmother, would be economic improvements, and educational benefits.

Second

2004

Rutigliano v. Rutigliano, 5 A.D.3d 581

Denied

New York to

Florida

No facts; record establishes sound and substantial basis for determination that mother should stay in New York.

Second

2004

Holden v. Cardozo, 8 A.D.3d 567

Denied

New York to

Massachusetts

Lower ct. ordered Mother to return child w/in 30 days to 35 miles from Suffolk County; pattern of attempts to remove Father from child’s life.

Second

2004

Picot v. Barrett, 8 A.D.3d 288

Denied

New York to Georgia

LG and psychologist recommended that Mother have sole custody; Father’s visits limited to NY.

Second

2004

Floro v. Floro, 4 A.D.3d 389

Granted

Suffolk Co., NY to

Denville, NJ

Mother moved w/child before divorce; Mother lived with her brother; Father’s motion denied; no other facts.

Second

2004

David v. Dancy, 5 A.D.3d 768

Granted

New York to

Florida

No facts.

Second

2004

In re Elizabeth A., 13 A.D.3d 615

Granted

New York to

Nevada

Mother had history of alcohol abuse and mental illness; maternal grandmother petitioned for relocation; child has flourished with maternal grandmother; other family would be nearby.

Second

2004

Rotering v. Rotering, 6 A.D.3d 718

Denied

New York to

North Dakota

No facts; Father not permitted to relocate.

Second

2004

Campbell v. Campbell, 12 A.D.3d 669

Denied

New York to Georgia

Mother moved to GA with children; custody determination was conditioned on move back to NY; Father lives in NY; 13 yr old grew up in NY.

Second

2004

Fegadel-Anderson v. Anderson, 9 A.D.3d 409

Denied

Orange Co., NY to Florida (or Rochester)

Mother wanted to relocate to Florida or in the alternative, Rochester… denied, no facts.

Second

2003

Huestis v. Honeyman, 302 A.D.2d 525, 755 N.Y.S.2d 272

Denied

Port Washington NY to

Canastota, NY

(300 miles from Father)

Mother had to move w/in 50 miles of prior residence or else Father would get custody. Mother left with new husband and other children.

Second

2003

Kime v. Kime, 302 A.D.2d 564

Denied

New York to

Florida

No facts given; sound and substantial basis in trial court record to deny relocation.

Second

2003

Confort v. Nicolai, 309 A.D.2d 861

Denied

NY to Florida

Mother’s motivation was economic advancement and support network but it did not justify uproot of children's from familiar area away from Father.

Second

2002

Maysonet v. Contreras, 290 A.D.2d 510

Granted

NY to Florida

Court found move to be in B/I and did not follow the recommendations of Law Guardian or expert.

Second

2002

Palumbo v. Palumbo, 292 A.D.2d 358

Granted

Nassau Co., NY

Court deleted provision that required Mother to remain in current school district indefinitely (in light of financial situation).

Second

2002

Miller v. Pipia, 297 A.D.2d 362

Granted

NY to Florida

Mother went to FL with child prior to divorce, court cited that child was already settled, Mother found work in Fl, and lives with her mother; court ordered liberal visitation. Both parties responsible loving parents; Mother’s home was “more appropriate” even though Father has more $.

Second

2002

Reilly v. Schmidt, 295 A.D.2d 436

Granted

NY to Connecticut

No Facts; sound and substantial basis in record.

Second

1999

Clum v. Seksinsky, 263 A.D.2d 507

Granted

NY to Pennsylvania

Father moved from NY first to UT, then Mother with children's to PA. Court awarded Father travel expenses, ordered drop off to occur at airport.

Second

1998

Pardee v. Pardee, 246 A.D.2d 522, 666 N.Y.S.2d 926

Granted

NY to Washington

Mother and child’s life will be enhanced economically, emotionally, and educationally, but Father close with child, so maximized visitation. No other facts.

Second

1998

Blackburn v. Santiago, 250 A.D.2d 676, 671 N.Y.S.2d 688

Granted

New York to

Washington

B/I analysis, no facts.

Second

1998

Huston v. Jones, 252 A.D.2d 502

Denied

New York to

Georgia

Mother primary caregiver but Father has a close relationship with child; Father’s family in NY and also close with child; Trial court allowed relocation and App. Div ordered Mother to return with 50 mile radius of Father’s home. No outstanding circumstances.

Second

1998

Mascola v. Mascola, 251 A.D.2d 414

Denied

NY to Florida

Mother’s relocation because of health and job in Florida did not serve B/I of children.

Second

1998

Harmon v. Harmon, 254 A.D.2d 456

Granted

NY to Florida

Better network of support in FL; no other facts.

Second

1998

Hopkins v. Wilkerson, 255 A.D.2d 319

Granted

NY to Pennsylvania

Mother wanted to relocate; both parents are loving and capable; sole custody to Mother in PA. No other facts.

Second

1997

Christoffersen v. Gingras, 243 A.D.2d 599

Granted

NY to Pennsylvania

Mother permitted to relocate where she accepted job and Father had failed to visit or pay child support.

Second

1996

Malandro v. Lido, 229 A.D.2d 541

Granted

New York to

Florida

Permission to relocate based on mother’s inability to find work in NY and her concern for the child’s health.

Second

1996

Frayne v. Frayne, 234 A.D.2d 545

Granted

East Fishkill, NY to Suffolk Co., NY

(100 miles)

Court did away with condition of custody that Mother move w/in 45 miles of Father in East Fishkill.

Second

1996

Schindler v. Schindler, 227 A.D.2d 634, 643 N.Y.S.2d 196

Granted

New York to

New Jersey

Father had been primary caregiver of children; allowed to move; no other facts given.

Second

1996

McFadden v. Wilson, 229 A.D.2d 581, 646 N.Y.S.2d 43

Granted

New York to

North Carolina

Parties never married; Mother planned to put a different child up for adoption and Father went to NC with child. Child was one of 11 in Mother’s home; Father’s home was bigger, own bedroom, stay-at-home stepmom.

Second

1996

Coryell P. v. Louis J.P., 231 A.D.2d 701, 648 N.Y.S.2d 122

Granted

New York to Arizona

Children expressed desire to live with Mother in AZ; Father’s house was filthy; LG and psychologist recommended custody & relocation w/ Mother.

Second

1996

Gonia v. Gonia, 231 A.D.2d 718

Denied

New York to Georgia

Family court granted motion w/out notice to father and w/out hearing on B/I of child.

Third

2009

Malcolm v. Jurow-Malcolm, 63 A.D.3d 1254

Granted

Schenectady County to Suffolk County

Where mother was primary care-giver but could not find suitable housing in Schenectady; court permitted mother and children to relocate in order to live with the children’s maternal grandparents in Suffolk.

“Strict application of the factors set forth in Tropea is not required because this matter involves an initial custody determination”

Third

2009

Winston v. Gates, 64 A.D.3d 815

Granted

NY to FL

Parties consented in 2002 to joint legal custody with mother having primary residence and father with scheduled visitation. In 2007, mother seeks modification and permission to allow her to move with parties’ child to Florida. Mother has been diagnosed with degenerative disc disease and was unable to continue working, which forced her to reside with former boyfriend with whom she and child moved frequently. Mother’s parents offered to allow her and child to reside with them indefinitely in Florida, and are able to provide for their basic living expenses. Although mother’s inability to provide for child and father’s stability warrants best interest analysis, denial of father’s modification petition was in child’s best interests. Mother has been child’s primary caregiver most of child’s life and, unlike father, was familiar with child’s medical diagnosis of attention deficit disorder and special educational needs. Mother’s father, child’s grandfather, testified that mother and child would be able to reside with him and his wife at no cost as long as necessary. Although father determined to be fit parent, preponderance of evidence exists to support determination that relocation to Florida was in child’s best interests.

Third

2009

Brian JJ v. Heather KK, 61 A.D.3d 1285, 878 N.Y.S.2d 482

Granted

Tompkins County to Chemung County

Mother and her sister had joint legal custody. Father and his parents had visitation. Father filed petition and paternal grandparents sought temporary custody while father was completing an inpatient alcohol abuse treatment program. Family Court dismissed grandparents motion for lack of standing. Mother was providing an appropriate home for the child, and had availed herself of services, including mental health counseling, alcohol treatment and parenting classes, as to overcome past problems. Despite the father’s and grandparent’s numerous calls to child abuse hotlines in an attempt to document mother’s alleged abuse, all injuries were determined normal for a toddler and hotline reports were deemed unfounded.

Third

2009

McGovern v. McGovern, Case No. 504085, 2009 NY Slip Op 76

Remitted

New York to Alabama

Mother lived in Alabama with her fiancé. Father lived in Saratoga County. After a trial in January 2006, Family Court denied the mother’s request to relocate with the son from NY to NC, where she and the son were then living. Father was awarded custody unless the mother returned to Saratoga County; the son returned living with the father in July 2006. Mother then moved to modify the custody order, resulting in a stipulated order of custody providing for joint custody. Thereafter, the mother filed a petition to modify the custody order, seeking physical custody of the son during the school year. She alleged that the father undermined her parenting role by denigrating her to the son and that the father refused to treat the son’s attention disorder resulting in him failing several subjects. In a hearing conducted in September and November 2007, the Law Guardian argued that while the son loved his dad, his emotional and physical needs were not being met and that he desperately wanted to resume living with his mother. The son feared the father’s seizure disorder. Also, the father disparaged the mother by telling the son that the mother would move back to NY if she loved him. Court remitted to the family court to determine if it was in the son’s best interest to permit his relocation to live with his mother in Alabama.

Third

2009

Solomon v. Long,
68 A.D.3d 1467

Denied

Chemung County, NY to Monroe County, NY

The impetus for the relocation was the mother's pending marriage to her then-fiancé. Despite the following facts, relocation would not serve the child's best interests. The mother has been the child's primary caregiver since his birth, when she was only 18 years old. The mother has maintained steady employment, put herself through nursing school and, at the time of the petition, commuted and worked as a registered nurse at a hospital in Sayre, Pennsylvania. Her fiancé runs a family-owned, Internet-based business. He was previously married, has no children, owns his own home and enjoys a good relationship with the parties' son. By the time of trial, the mother had accepted a nursing position with a hospital in Monroe County which provided a modest increase in pay and free tuition benefits. After five years at that hospital, she would receive a 50% tuition reduction at the university for the parties' son. The mother also testified that the new position would require only three 12-hour shifts per week, in contrast to the 40 to 50 hours per week she works in Pennsylvania, allowing her to spend more time with the child. The mother valued the child's relationship with his father and was willing to continue to be flexible and generous with visitation. She also offered to forgo child support and help defray the increased transportation costs associated with visitation if the petition were granted. The mother has shown great flexibility and cooperation in fostering the child's relationship with his father and his father's extended family, all of which, to date, appear to have greatly benefitted the child. The Law Guardian stated that the child expressed a strong desire to remain neutral on the petition.

Third

2009

Ostrander v. McCain,
68 A.D.3d 1480

Denied

Broome County to Monroe County

Mother sought relocation so that she could live rent-free in Fairport in a three-bedroom home owned by her stepmother. She remained employed by the same employer and earned the same hourly wage as she had while living in Broome County. The father has always been very active in the child's upbringing, and enjoyed extensive parenting time with the child under the parties' informal arrangement and pursuant to the temporary order of custody. Most of the child's extended family (all of the father's and much of the mother's) reside in Broome County, including grandparents, aunts, uncles and cousins, with whom the child has regular contact. The three-hour car ride to drop the child with the father was very burdensome on the child. In addition, since the father lacks a reliable vehicle and the mother does not own a car, the ability to facilitate regular and meaningful visitation with the father is bound to be fraught with difficulties. The schedule would almost certainly interfere with the ability to place the child in a preschool program.

Third

2008

Brown v. Brown, 52 A.D.3d 903

Denied

New York to Illinois

Remitted, Family Court erred in not determining whether proposed move was in children’s best interests. Family Court did not speak to children about move and law guardian advanced position that it was not in children’s best interest.

Third.

2008

Bobroff v. Farwell, 57 A.D.3d 1284

Granted

Horseheads to Corning (12 miles apart)

Father remarried and sought to live with his new wife at her home in Corning. A consolidation of homestead expenses is economically beneficial to children and children had a good relationship with step-mother.

Third.

2008

Cruz v. Cruz, 55 A.D.3d 992

Denied

Broome County to New York City

Mother claimed that she needed to move closer to a hospital because of her suffered from cerebral palsy, but court held that the child is adequately cared for in Broome County despite the need to travel to Syracuse from time to time.

Third

2008

Hills v. Madrid, 57 A.D.3d 1175

Granted

Delaware County to City of Rochester

Mother moved when a flood destroyed her rented home and rendered it uninhabitable. Mother’s relocation improved the financial, emotional and educational well-being of child.

Third

2007

Winn v. Cutting, 39 A.D.3d 1000

Granted

NY to Pennsylvania

Permitted to relocate where mother had an offer of full-time, better paying job in Pennsylvania and relocation would benefit child.

Third

2007

Lim v. Lyi, 40 A.D.3d 1190

Denied

NY (Ithaca) to Newton, Massachusetts

The child will maintain stability by keeping the same pediatrician, friends, church, school, activities and day care center.

Third

2007

Gutiy v. Gutiy, 40 A.D.3d 1155

Granted

NY to NJ

Where father repeatedly made disparaging comments about the mother in front of the children, and mother had a network of family members in NJ and located employment move was in children’s best interest.

Third

2006

Armstrong v. Crout, 33 A.D.3d 1079

Granted

NY to Texas

While living with father in NY, the children changed schools and homes four times, lost touch with their paternal grandparents and did not receive sufficient attention from their father; therefore, it was in the children’s best interests to relocate to live with mother in Texas.

Third

2005

Norwood v. Capone, 15 A.D.3d 790

Granted

New York to Kentucky

Children had special needs; Mother provided more supportive environment; Father sometimes abusive of one son.

Third

2005

Groover v. Potter, 17 A.D.3d 718

Denied

New York to Florida

Mother had abusive new husband; no employment prospects and husband took lower-paying job; home in Fl would be crowded; Father had bigger home, more finances.

Third

2005

Leach v. Santiago, 20 A.D.3d 715, 798 N.Y.S.2d 242

Denied

Albany, NY to

Staten Island, NY

Parties never married; motivation for move was to be with new fiancé; no proof that job opportunities were better; communication bad now, won’t improve with move.

Third

2005

Dunaway v. Espinoza, 23 A.D.3d 928

Denied

NY to Las Vegas

Mother only had vague plans for employment and would be living with relatives who had past criminal records.

Third

2005

Smith v. Hoover, 24 A.D.3d 1096

Granted

NY to North Carolina

Relocation permitted where petitioner would make a substantially higher salary in N.C. and have more opportunities for advancement.

Third

2005

Mehaffy v. Mehaffy, 23 A.D.3d 935

Denied

St. Lawrence County to Oswego County

Where father merely asserted unspecified construction work he had “lined up” at new location and failed to investigate the quality of schools, relocation denied.

Third

2004

Paul v. Pagnillo, 13 A.D.3d 971

Denied

New York to Mississippi

Economic enhancement was speculative; no knowledge of MS schools; stability was more important.

Third

2004

Herman v. Villafane, 9 A.D.3d 525

Denied

New York to Czech Republic

Parties never married; no real proof of increased finances; father has strong relationship with children and provides emotional and financial support.

Third

2002

Siler v. Siler,

293 A.D.2d 826

Denied

NY to Pennsylvania

Custody modified unless Mother moves w/in 50 mile radius; 4 hour car ride is too burdensome; extended family in both locales.

Third

2002

Lattuca v. Natale-Lattuca,

293 A.D.2d 805

Denied

Saratoga Co. to Rochester, NY

Mother enjoined from going to Rochester even though parties put in Stipulation that it was ok after three years. Parents already lived 40 miles apart.

Third

2002

Jelfo v. Arthur,

295 A.D.2d 689

Denied

NY to Pennsylvania

3 hr. commute

Father took children to PA w/out approval; Mother and Father both petitioned for custody; PA not in B/I b/c frequent and regular contact disturbed; only modest increase in salary in PA.

Third

2001

Grathwol v. Grathwol, 285 A.D.2d 957

Granted

Clifton Park, NY to Syracuse, NY

Employment scarce in Clifton Park, Mother found job in Syracuse; extended family there; Mother more likely to ensure meaningful relationship with Father; Father inconsistent with involvement; financial improvement.

Third

2001

Milea v. Paradiso, 279 A.D.2d 898

Denied

Relocation to another county

Where children lived only a few blocks from school and had a strong attachment to their father, who was an active parent, mother’s desire to be in close proximity to her extended family and raise her children in a country environment was not sufficient to justify relocation.

Third

2001

Glaser v. McFadden, 287 A.D.2d 902

Denied

NY to Virginia

Opportunity to improve economic situation but need to remain in stable surroundings and family home; no evidence that job was permanent; children were always clothed and fed. (also a custody issue)

Third

2001

Kryvanis v. Kruty, 288 A.D.2d 771

Granted

NY to North Carolina

Father had sporadic visitation and no child support; Mother willing to transport; Mother had economic necessity to move.

Third

2000

Satalino v. Satalino, 273 A.D.2d 632

Granted

Albany Co., NY to Cattaraugus Co., NY

340 miles from Father

No extended family there, but new husband and new job, better economic situation, better home, no relocation clause in separation agreement.

Third

2000

Bodrato v. Biggs, 274 A.D.2d 694

Granted

Schenectady Co, NY to

New Jersey

(also a custody issue) Mother bore expense of trans to Father in NY; better home environment (at Father’s, no sheets, dirty house).

Third

2000

Thomas v. Thomas, 271 A.D.2d 726

Granted

NY to

Massachusetts

Mother has been primary caregiver; extended family in Mass.; $ better, won’t have to maintain two houses; Mother previously lived 1 ½ hours away from Father; Father still gets meaningful visitation but mid-week visit eliminated.

Third

2000

Hrusovsky v. Benjamin, 274 A.D.2d 674

Granted

NY to Virginia

Parties never married; Mother married and lives in VA, petitioned for custody; child has loving relationship with both parties; Father owns/runs bar; child better off with Mother and husband.

Third

2000

Thompson v. Smith, 277 A.D.2d 520

Granted

Tompkins Co. NY to Maine

Good-faith in seeking move; employment in ME; “strengthen post divorce family unit”; visitation schedule affords meaningful contact; parallel move by Father feasible.

Third

1999

Henion v. Henion, 267 A.D.2d 805

Granted

Broome Co., NY to Virginia

Stipulation said NY only; Mother obtained job in VA when none found in NY, Father has meaningful & consistent relationship with children, but Mother flexible with visitation and willing to bear expenses to keep children’s relationship w/ Father strong.

Third

1999

Barber v. Stanley, 260 A.D.2d 744

Granted

NY to North Carolina

Both parents were committed to child but Mother was more stable parent and more likely to foster meaningful relationship with Father; extended family in NC, improved econ situation and cessation of exposure to acrimony b/t parents.

Third

1999

Crawson v. Crawson, 263 A.D.2d 656

Granted

NY to Delaware

Mother wants to relocate; Father has girlfriend who disciplines children with violence; Father interferes with Mother’s access to children; Mother is better suited to provide for well-being and growth of children.

Third

1998

Long v. Long, 252 A.D.2d 722

Granted

NY to Massachusetts

(200 miles)

Stipulation allowed 100 miles; Mother remarried and got new job (“genuine motive”); move gives better educational opportunities; Mother willing to transport for liberal visits; enhances children’s lives; children still love Father, liberal visitation awarded.

Third

1998

Kemp v. Teeter, 252 A.D.2d 685

Denied

New York to

North Carolina

Parties were never married; moved w/out consent; no evidence of lack of jobs in NY; no evidence of improved quality of life; Father would be deprived of regular meaningful access to child.

Third

1998

Huff v. Keely, 249 A.D.2d 844

Denied

Tioga Co., NY to Philadelphia, Pennsylvania

Father was loving and fit parent and would foster relationship with child’s mother; Mother moved child w/out permission first, makes disparaging remarks about Father in front of child, move did not improve financial situation.

Third

1998

Burr v. Emmett, 249 A.D.2d 614

Denied

New York to

California

Extensive family in NY; no stability in CA job; familiar surroundings and strong bonds in NY.

Third

1998

Yelverton v. Stokes, 247 A.D.2d 719

Denied

New York to

California

Motivation was remarriage and lack of jobs in NY for new husband; both parents suitable but Mother failed to plan for school in CA, no relationship b/t husband and child; friends and family in NY.

Third

1997

Morlando v. Morlando, 240 A.D.2d 852

Granted

NY to North Carolina

Children’s relationship w/ Father was better than w/ Mother; more stable home life, economically and emotionally enhanced; Father will preserve relationship with Mother; Mother has past alcohol problems.

Third

1997

Davis v. Davis,

238 A.D.2d 708

Denied

New York to Alabama

Move to AL would seriously alter the frequency, quantity and quality of visits due to financial burden and distance; lack of showing of need for move.

Third

1997

Brown v. McGuire, 245 A.D.2d 895

Denied

New York to Michigan

Father’s employment prospect is not better than available NY job; children were doing well in MI, but Mother’s visitation was diminished and the move was not a dramatic enhancement in the children’s lives.

Third

1997

Burnham v. Basta, 241 A.D.2d 628

Denied

New York to New Jersey

Custody to Mother if she moved back to NY w/in 30 days; motivated my economic reasons but no proof that same isn’t available in NY; 2-3 hour car rides were too long for visits; Father was suitable enough parent if Mother insisted on moving.

Third

1997

Mendoza v. Adamson, 238 A.D.2d 737

Denied

New York to California

Extended family in NY; currently a stable environment in NY; no evidence of job in CA.

Third

1996

Harder v. Yandoh, 228 A.D.2d 814

Granted

Village of Potsdam, St. Lawrence Co., to Village of Hammond, St. Lawrence Co., (65 mi from mother)

Father moved with new wife and children for wife’s health and employment reasons, and Father committed to preserving relationship between child and Mother, larger new home, close to school; Mother unemployed; mid-week visit suspended; (sole custody awarded due to tumultuous relationship).

Third

1996

Cagamek v. Cagamek, 233 A.D.2d 701

Granted

NY to Texas

Father’s job relocated, Mother was financially irresponsible and awarded visitation only.

Fourth

2009

Harrington v. Harrington, 63 A.D.3d 1618

Granted

NY to Troy

Mother was gainfully employed in Troy. Father engaged in acts constituting crimes of disorderly conduct and attempted assault.

Fourth

2009

Seyler v. Hasfurter,
61 A.D.3d 1437, 877 N.Y.S.2d 722

Denied

NY to Texas

Mother failed to establish that the lives of the mother and the child "may be enhanced economically, emotionally and educationally [to any degree] by the move.” Mother also failed to establish that the child's relationship with petitioner father would be preserved despite the proposed relocation.

Fourth

2009

Linn v. Wilson,
68 A.D.3d 1767

Granted

NY to Alabama

The mother has been the primary caretaker of the child since his birth and the father has not consistently exercised the visitation to which he was entitled under the prior order. The court found the testimony of the father concerning his actual time spent with the child to be "vague and evasive."

Fourth

2008

Parish A. v. Jamie T., 49 A.D.3d 1322

Granted

NY to North Carolina

Children’s relationship could be preserved despite relocation, through telephone, e-mail and visitation during summer and school vacations; matter remitted to determine appropriate transfer date and visitation schedule.

Fourth

2008

Dukes v. McPherson, 50 A.D.3d 1529

Denied

NY to Maryland

Party seeking to relocate must demonstrate by preponderance of evidence that proposed relation is in the child’s best interest.

Fourth

2008

Pamela H. Cordell W., Jr., 43 A.D.3d 1319

Granted

NY to out-of-state

Tropea factors were considered; petitioner was primary caretaker and living conditions in Rochester were unsafe due to respondent’s failure to satisfy his child support obligations

Fourth

2008

Scialdo v. Cook, 53 A.D.3d 1090

Granted

NY to Florida

Supreme Court properly granted mother’s relocation petition where child has a continuous relationship with maternal aunt and cousins who reside in Florida and relocation will enhance financial situation for mother and child.

Fourth

2007

Cynthia L.C. v. James L.S., 30 A.D.3d 1085

Granted

NY to Florida

Relocation was in child’s best interest where there was an economic necessity for the move and father did not have a close involvement in child’s life

Fourth

2006

Jones v. Tarnawa, 26 A.D.3d 870

Denied

NY to Indiana

New marriage, standing alone, is insufficient to warrant relocation.

Fourth

2005

Petroski v. Petroski, 24 A.D.3d 1295

Denied

NY to 25 miles from father’s residence

Mother failed to establish by a preponderance of the evidence that the proposed relocation would be in the best interests of the children.

Stipulation agreed to 35 miles; Father reluctant to visit; Mother moved children 100 miles away; family there; better home life conditions.

Fourth

2004

Stone v. Wyant, 8 A.D.3d 1046

Granted

NY to Florida

Compelling reason for move is not necessary; economic necessity is persuasive; Mother demonstrated such econ necessity; matter remitted.

Fourth

2004

Prather v. Prather, 295 A.D.2d 1022

Granted

NY to Germany

No facts; relocation to Germany was properly granted.

Fourth

2003

Carncross v. O’Connell, 302 A.D.2d 931, 753 N.Y.S.2d 916

Granted

NY to People’s Republic of China

Family Court erred in refusing to permit relocation of a child for a period of two school years based upon “unique experience” and attendance at a renowned international school.

Fourth

2002

Wood v. Hargrave, 292 A.D.2d 795

Denied

NY to South Carolina

Although an economic benefit to child, the relationship with Father would be adversely affected due to distance, Father’s work schedule, and financial resources of the parties.

Fourth

2002

Rivera v. Perez,

299 A.D.2d 944

Denied

NY to Georgia

[Remanded]

Parties never married; concerns custody and duty of trial court to consider all relevant factors.

Fourth

2001

Boyer v. Boyer,

281 A.D.2d 953

Granted

Onondaga Co. to

Jefferson Co. NY

Mother was primary caretaker; move would enhance financial situation and allow Mother more time with child; frequency of visits with Father was affected but Mother willing to maintain their bond and positive relationship.

Fourth

2001

Fruchter v. Fruchter, 288 A.D.2d 942

Granted

NY to Connecticut

Mother has always been primary caretaker; Father has strained relationship with children and past abuse.

Fourth

2000

Guiffrida v. Adams, 277 A.D.2d 948

Denied

NY to California

Grandmother suffers from Lou Gehrig’s disease and would feel better in CA; relatives in San Diego; no evidence on education; close relationship with Father too and his is a good father.

Fourth

1999

Savage v. Morrison, 262 A.D.2d 1077

Denied

NY to Pittsburgh, PA

Both parents have close and loving relationship; Father exercised visitation on regular basis; Mother and Father do not get along and contact would probably not be encourage if leave to Pittsburgh; child said she wished to remain in NY.

Fourth

1999

Michaels v. Michaels, 258 A.D.2d 965

Granted

Cayuga Co. to town less than 30 miles away

Father not deprived of meaningful access by relocation.

Fourth

1998

Sean I.R. v. Jennifer J.B, 251 A.D.2d 1034

Granted

Niagara Co., NY to Wayne Co., NY

Lower court held that Mother must remain in Niagara to keep custody; App. Ct. said it lacked substantial basis in record.

Fourth

1998

Emmi v. Fleszar, 256 A.D.2d 1199

Denied

Syracuse, NY to Philadelphia

Sole motivation to relocate was to place distance b/t child and Father. Fresh start alone is insufficient for B/I analysis.

Fourth

1998

Carlson v. Carlson, 248 A.D.2d 1026

Granted

Cassadaga School District, to Panama School District

(25 miles)

Stipulation chose school district; Mother motivated by new marriage and attempt to better financial situation; Father affected only minimally due to distance.

Fourth

1997

Hilton v. Hilton, 244 A.D.2d 902, 665 N.Y.S.2d 203

Granted

Jamestown, NY to Hillsdale, Columbia Co. (400 miles from father)

Father has history of violence and abuse; Mother has always been primary caregiver; Father got visitation.

Fourth

1997

Gillard v. Gillard, 241 A.D.2d 966

Granted

NY to Vancouver

Mother was improving econ status; trying to spend more time with child; new husband has significant business in Vancouver which prohibits move to NY; Father was involved in child’s life and activities; child bonded to new wife and stepson; Mother offered to pay and visitation schedule was maximized.

Fourth

1997

Sawyer v. Sawyer, 242 A.D.2d 969

Denied

Buffalo, NY to Delaware

Father exercised visitation regularly and always paid child support; after move, visitation reduced to alternate weekends; family in NY; relocation was not based on economic necessity only on job preference of new husband.

Fourth

1996

Cate v. La Valley, 229 A.D.2d 945, 645 N.Y.S.2d 236

Granted

New York to Texas

Mother is primary caretaker; Father showed little interest and history of fathering children out of wedlock and drug abuse; Mother’s family in TX.