Q: I have full custody of my daughter and the mother has visitation rights.

A: Perhaps the single most critical factor for an asker to understand in any relocation case is that the prior absence of a parent is no guarantee of relocation success. Any family court is a reunification court, and to tell a court that a parent was absent is to force reunification. Once that factor has been considered, the typical relocation in New York is dependent upon the discretion of the court. There is no statutory enactment that lists factors to achieve to get a relocation.

Retaining an attorney is always crucial because the push of the court will always be to maintain stability of the child in the jurisdiction. The court will preclude evidence as to the benefits of the new location, and a lawyer's knowledge about the rules of evidence will prove crucial. The lawyer will also convey in his presentation of the case the various factors that do impact on the relocation, namely:

(1) The nature, quality, extent of involvement and duration of the child's relationship with the party proposing to relocate and with the nonrelocating party, siblings and other significant persons in the child's life.

(2) The age, developmental stage, needs of the child and the likely impact the relocation will have on the child's physical, educational and emotional development, taking into consideration any special needs of the child.

(3) The feasibility of preserving the relationship between the nonrelocating party and the child through suitable custody arrangements, considering the logistics and financial circumstances of the parties.

(4) The child's preference, taking into consideration the age and maturity of the child.

(5) Whether there is an established pattern of conduct of either party to promote or thwart the relationship of the child and the other party.

(6) Whether the relocation will enhance the general quality of life for the party seeking the relocation, including, but not limited to, financial or emotional benefit or educational opportunity.

(7) Whether the relocation will enhance the general quality of life for the child, including, but not limited to, financial or emotional benefit or educational opportunity.

(8) The reasons and motivation of each party for seeking or opposing the relocation.

(9) The present and past abuse committed by a party or member of the party's household and whether there is a continued risk of harm to the child or an abused party.

(10) Any other factor affecting the best interest of the child.

The retained attorney will also very carefully review the asker's situation. The asker will never win a relocation if he is earning more income in the current jurisdiction than he would earn in the new jurisdiction. There are numerous other pitfalls that go beyond the scope of this response to the asker's basic question.

Refusal to retain counsel will be the end of any attempt at filing for relocation.