As noted in the February 8, 2010 post, seven very recent decisions reveal just how present are applications by separated parents to relocate with children. These decisions demonstrate that relocation applications will be decided very much on a case-by-case basis. However, common inquiries are evident:
- To what extent is the relocation a necessity?
- To what extent has the relocating parent fostered the relationship between the child and the parent left behind?
- To what extent has the parent left behind exercised rights of visitation and sacrificed to be involved in the life of the child?
- To what extent will educational and other opportunities for the child be enhanced by the relocation?
The prior blog post reported on four decisions of the Appellate Division, Third Department. This post discusses the remaining three.
In its January 31, 2012 decision in Ramirez v. Velazquez, the Fourth Department affirmed the order of Oneida County Family Court Judicial Hearing Officer John E. Flemma that denied permission to a 20-year-old mother to relocate with the parties’ three children from Utica to New York City.