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Alton Abramowitz and Sophie Jacobi-ParisiAlton Abramowitz and Sophie Jacobi-Parisi ()

“Like Humpty Dumpty, a family, once broken by divorce, cannot be put back together in precisely the same way.” Thus, Judge Vito J. Titone, writing for a unanimous Court of Appeals in Tropea v. Tropea, 87 NY2d 727 (1996), captured the essence of the dilemma that has confronted court after court when a divorced custodial parent seeks to relocate with a child to better their lives in accordance with that parent’s vision. Nearly two decades later, there are still no easy solutions and relocation remains an issue to be decided on a case-by-case basis as recent opinions illustrate. This review begins the search for a pattern providing precedential guidance for resolving this complex and vexing issue, and leads to this question: Has the unspoken question of gender bias, perhaps a lack of economic equality, at last made it to the forefront of relocation determinations in the First Department?

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