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How to Succeed in a Relocation Case
There is a growing trend of custodial parents asking the courts to allow them to relocate with their children, taking them farther away from the non-custodial parent. For example, in New York, like many metropolitan areas, many different factors have led to this situation. These include: 1) the increase in the cost of living in the metropolitan area; 2) the inability of the custodial parent to afford to remain in the jurisdiction on his or her income alone; 3) difficulty in obtaining employment; and 4) a desire to relocate to reside near family and friends.
What the Courts Say
It can be a difficult task to persuade a court that it should permit the relocation of a child. Some of the problems custodial parents can encounter in this regard are illustrated by a lower-court case in which permission to move was denied. In In The Matter of Verhulst v. Putnam, a mother sought to relocate to northern Massachusetts with the parties' son, purportedly because she wanted to reside closer to her parents and was having difficulty finding suitable employment on Long Island. The court, however, ruled against relocation and ordered the mother to remain on Long Island because it became clear during the trial that she primarily wanted to distance herself and the parties' son from the father, to make it difficult for him to have contact with their child.
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