The post- Tropea years have been exciting and stimulating. At least two of the Appellate Divisions are beginning to interpret the dictum in Tropea . Trial courts are citing factors. Signs indicate that there may be a mixing of traditional best interests and relocation best interests as the standards when the court makes an original custody determination. Given the complexities of relocation law as it has been developing, one should not build up expectations for clients when evaluating or litigating cases.
Clients tend to hear whatever supports their positions.
Carefully explain the complexities of litigation as we all await further guidance from our courts as they move us into the twenty-first century. The Second and Third Departments have remanded cases which were tried and appealed either pre- Tropea or appealed after Tropea . This is somewhat puzzling coming from the Appellate Division which pre- Tropea permitted moves if driven in three hours or less.