In a case before Judge Matthew Cooper, who sits in Supreme Court in New York County, a mother brought an application to relocate with her children from Manhattan to Scarsdale, which is in Westchester County. The father resided in New Jersey. The parties had joint legal custody. The mother was the residential custodial parent and the father had a regular parenting time schedule. In addition, the mother offered to do half of the driving during the father’s pick up and drop off with the children.
Justice Cooper took note the pandemic in New York was easing. New York City was resuming normal operations and therefore the pandemic itself could not be viewed as a factor which was a basis for the mother to be relocating. However, Justice Cooper noted the 20 mile move would have little or no impact on the quality or quantity of the father’s parenting time with the child. He also stated it was in the child’s best interest to allow the move. The mother’s motion was granted without the necessity of a hearing.
Elliot S. Schlissel is a divorce lawyer who has been helping clients in all aspects of matrimonial and family law from more than 40 years. Elliot and his team of Family Law Attorneys help their clients throughout the metropolitan New York area