Relocation and Parenting Time: Key Takeaways from Dusten T. v. Trisha U.
Relocation and Parenting Time: Key Takeaways from Dusten T. v. Trisha U.
When a parent moves a significant distance away from their child, it often complicates custody and visitation arrangements. Courts must balance a child’s best interests with a relocating parent’s right to move, and a recent case—Dusten T. v. Trisha U.—illustrates how New York courts handle these complex situations.
In this case, a mother’s relocation 2.5 hours away from her child’s primary residence became a key issue in determining parenting time and transportation responsibilities. The court crafted a custody schedule that aimed to preserve the mother’s relationship with the child, while also considering the logistical challenges posed by her move. Below, we examine the court’s decision and what it means for parents facing similar custody and relocation disputes.
Custody Schedules and Relocation: Balancing Parenting Time and Practicality
Family Court originally granted the mother two nonconsecutive weeks during summer vacation, alternating weekends, and every Wednesday evening for parenting time. However, because the mother lived over two hours away and did not own a vehicle, the court modified the schedule to eliminate Wednesday evening visits and compensate by awarding her two additional weeks during summer break. This adjustment was made to ensure that the mother could still maintain a meaningful relationship with her child, while recognizing that midweek visits were impractical given the travel time involved.
This decision underscores a crucial point in New York custody law: the feasibility of a visitation schedule matters as much as the fairness of time allocation. If a parent’s chosen location makes regular visitation logistically difficult, the court may need to adjust parenting time to reflect what is realistic and sustainable.
Who Bears the Burden of Transportation?
Another key issue in this case was which parent should be responsible for transporting the child for visits. The court placed the full burden of transportation on the mother, reasoning that she had voluntarily moved far away. The mother argued that this was unfair, particularly because she did not own a vehicle and had to rely on friends or family for rides.
However, the court upheld its decision, emphasizing that the parent who relocates generally assumes responsibility for the increased travel burden. In cases like this, courts are unlikely to impose additional transportation duties on the non-moving parent, as doing so would unfairly shift the consequences of the relocation onto them.
Key Legal Takeaways from Dusten T. v. Trisha U.:
Parenting schedules must be practical and enforceable.
If a parent relocates too far for frequent, short visits, the court may adjust custody schedules to allow for longer but less frequent visitation periods.
Relocating parents generally bear the burden of transportation.
A parent who chooses to move further away is often responsible for the costs and logistics of transporting the child for visitation.
The best interests of the child remain the primary concern.
Courts prioritize the child's well-being by ensuring that they maintain a strong relationship with both parents, while also keeping logistical burdens reasonable for all parties involved.
How This Decision Affects Parents Considering Relocation
If you are a custodial or noncustodial parent considering relocating, this case serves as a reminder that your move will impact custody and visitation arrangements. Before making a major move, consider:
How will the relocation affect your current custody agreement?
Will midweek or weekend visits still be feasible?
Who will handle transportation, and can you meet the logistical demands?
If you are facing a relocation issue in your custody case, consulting with an experienced New York family law attorney can help you navigate the legal complexities and work toward a parenting schedule that fits your new circumstances.
At Mindin & Mindin, P.C., we specialize in custody modifications, relocation cases, and ensuring that parenting time arrangements serve the best interests of both parents and children. Contact us today to discuss how we can help you secure a workable custody and visitation plan.