Child of Divorce Permitted to Relocate from New York to California: Relocation in the Best Interest of the Child

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Post-divorce relocation cases, where one parent seeks to move with the children of a marriage to a distant locale, present what has been called “some of the knottiest and most disturbing problems that our courts are called on to resolve.”

The relocation pits one parent’s desire to move for familial, economic, romantic or employment reasons against the other parent’s desire to have an unimpeded relationship with the parties’ children.

Recently, the Appellate Division, in Matter of Alaire K. G. v Anthony P. G., was forced to weigh a mother’s desire to move to California to be with her new husband against the father’s desire to have regular and frequent access time with the parties’ son in New York.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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