Matter of Tropea v. Tropea

In Matter of Tropea v. Tropea, 87 N.Y.2d 727, 665 N.E.2d 145, 642 N.Y.S.2d 575 (1996) the Court of Appeals considered two relocation cases and conclusively decided that the prior three-tiered meaningful/exceptional circumstances analysis was "unsatisfactory: (p. 737). The Court of Appeals further enunciated that the Trial Court should consider all factors, including but "not limited to each parent's reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and non-custodial parents, the impact of the move on the quantity and quality of the child's future contact with the non-custodial parent, the degree to which the custodial parent's and child's life may be enhanced economically, emotionally and educationally by the move and the feasibility of preserving the relationship between the non-custodial parent and child through suitable visitation arrangements" (at pp. 740-741). Finally, it is for the Court, after considering the testimony and the evidence, to determine whether the relocation would be in the child's best interests. (See. Matter of Tropea v. Tropea, supra.)