
Holterman Decision - Court of Appeals decision regarding equitable distribution, child support and maintenance. - Click Here
Lifetime Maintenance as defined by the Court - Click Here
Separate Property Claims - Click Here
Equitable Distribution Valuation of Degrees and Licences - Click Here
Child Relocation Cases
Tropea v. Tropea & Browner v. Kenward, 87 NY2d 727, 642 NYS2d 575 (Court of Appeals, 1996):
The Tropea decision is the leading case for relocation cases. All parents who either want to relocated with their children or prevent the other parent from relocating must establish facts consistent with this decision. In Tropea The Court of Appeals held that each relocation case 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." Factors which may be relevant include (but not limited to): each parent's reasons for seeking or opposing the move; quality of relationships between child/ren and parents; impact of move on the quantity and quality of future contact with noncustodial parent; degree to which 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 noncustodial parent and child through suitable alternate visitation arrangements. Overruling Weiss v. Weiss, 52 NY2d 170, 436 NYS2d 862 (Court of Appeals, 1980).
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