Church v. Cohen
Opinion of the Court
—In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Rockland County (Warren, J.), dated August 24, 1998, which denied his petition to relocate with the' parties’ child to an area outside the geographical limitation established by the parties’ stipulation of settlement, which was incorporated but not merged into a judgment of divorce dated September 13, 1995.
Ordered that the order is affirmed, with costs.
In Matter of Tropea v Tropea (87 NY2d 727), the Court of Appeals held that “each relocation request must be considered on its own merits with due consideration of all the relevant facts and circumstances and with predominant emphasis being placed on what outcome is most likely to serve the best interests of the child” (Matter of Tropea v Tropea, supra, at 739). The Court of Appeals set forth a list of nonexclusive factors which it considered relevant to the ultimate determination
After weighing the appropriate factors as set forth in Matter of Tropea v Tropea (supra), the Family Court properly found that it was in the child’s best interests to deny the father’s request to relocate to Yardley, Pennsylvania with the child.
The father’s remaining contentions are without merit. Krausman, J. P., McGinity, Feuerstein and Smith, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.