Most child custody disputes trigger high emotions, but situations where one parent might relocate a son or daughter out of the United States are particularly contentious. When these cases are litigated, judges need to look beyond the immediate circumstances and consider whether a particular decision will jeopardize the relationship between a potential noncustodial parent and their son or daughter.
A recent New York case involved parents who married in Morocco in 2018, then moved to the United States three years later. Both the father and child are U.S. citizens, while the mother is a lawful permanent resident here. Though the parties originally agreed to joint legal and physical custody, the mother later petitioned for, and received, sole custody, which included permission to relocate with the child to Massachusetts, where her family lives.
The trial judge granted the mother’s request ostensibly because relocation would offer the youth increased economic and emotional support. However, the father appealed, arguing that the sole custody decision ignored the importance of his bond with the child, as well as the possibility that the mother might relocate permanently to Morocco.
After reviewing the case, the Appellate Division, Fourth Department reversed the decision, holding that the lower court failed to consider and give appropriate weight to some of the relevant child custody factors. As the child’s mother is not a U.S. citizen and had expressed interest in returning to Morocco, the court held that consideration of the youth’s “best interests” should have included this possibility, and the effect living thousands of miles away might have on the father-child relationship.
Moreover, the Appellate Division ruling notes that the decision awarding sole custody lacked sufficient factual support. Despite changes in culture and family law provisions that are supposed to ensure that both parents are treated equally, there are still many cases where a mother’s wishes are honored by courts without a thorough review of the situation. In divorces and other types of custody matters, men should retain an attorney who is fully aware of the law, and is determined to protect a father’s rights.
Bryan L. Salamone & Associates, P.C. handles a full range of child custody issues for Long Island residents. By working personally with you, we’ll develop a strategy based on your particular situation and objectives. Please call 631-388-6009 or contact us online for an appointment.