Sheridan was a pre- Tropea 3 relocation case. The mother contended that the father abused alcohol and marijuana, that she was the victim of continued domestic violence and that she had entered a domestic violence shelter on one occasion. Family Court found exceptional circumstances to justify her relocation to Puerto Rico. As a consequence, the court granted her sole custody of the parties' child. Finding that the relocation of the mother and child to Puerto Rico would deprive the father of regular and meaningful visitation, the Appellate Division held that the exceptional circumstances included ''domestic violence and economic necessity evidenced by the availability of employment and financial support from respondent's family'' who were in Puerto Rico.
Domestic violence is now a significant factor in New York custody cases.
The legislature recognizes the wealth of research demonstrating the effects of domestic violence upon children, even when the children have not been physically abused themselves or witnessed the violence. Studies indicate that children raised in a violent home experience shock, fear, and guilt and suffer anxiety, depression, somatic symptoms, low self-esteem, and developmental and socialization difficulties. Additionally, children raised by a violent parent face increased risk of abuse. A high correlation has been found between spouse abuse and child abuse. A study of children in shelters for victims of domestic violence shows higher rates of child abuse in homes where a spouse has been battered.