You are here: / / Father’s Petition to Relocate to North Carolina Properly Denied

Father’s Petition to Relocate to North Carolina Properly Denied

The Second Department determined Family Court had properly denied father’s petition for permission to relocate to North Carolina.  A prior consent order had awarded joint legal custody with primary physical custody to the father.  The father, who is in the military, was transferred from West Point to Fort Bragg in North Carolina.  The court explained the applicable (relocation) considerations as follows:

“Relocation may be allowed if the custodial parent demonstrates, by a preponderance of the evidence, that the proposed move is in the child’s best interests”…. When evaluating whether a proposed move is in the child’s best interest, “the factors to be considered include, but are not limited to, each parent’s reasons for seeking or opposing the move, the quality of the relationships between the children and each parent, the impact of the move on the quantity and quality of the children’s future contact with the noncustodial parent, the degree to which the lives of the custodial parent and the children may be enhanced economically, emotionally, and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and the children through suitable visitation arrangements” … . Although a multitude of factors may be considered, “ the impact of the move on the relationship between the child and the noncustodial parent will remain a central concern’”…. Matter of Hirtz v Hirtz, 2013 NY Slip Op 05457, 2nd Dept 7-24-13

 

You might also like
Drug Treatment and Drug Testing Facilities Do Not Have a Duty to Provide the Test Results With a Disclaimer Indicating the Tests Were Done According to “Clinical,” Not “Forensic,” Standards—Here the “Clinical” Results Were Disseminated and Used In Court Proceedings
Criteria for “Insanity Toll” of Statute of Limitations Pursuant to CPLR 208 Not Met
CHAIN ACROSS DRIVEWAY WAS NOT “OPEN AND OBVIOUS” AS A MATTER OF LAW; DEFENDANT’S SUMMARY JUDGMENT MOTION SHOULD NOT HAVE BEEN GRANTED.
THE ORDER ISSUED AFTER A TRAVERSE HEARING FINDING DEFENDANTS WERE NOT PROPERLY SERVED IS APPEALABLE PURSUANT TO CPLR 5501 (C); THE ORDER BRINGS UP FOR APPEAL WHETHER THE TRAVERSE HEARING WAS NECESSARY; THE MAJORITY C0NCLUDED THE HEARING WAS NOT NECESSARY; THERE WAS AN EXTENSIVE DISSENT (SECOND DEPT).
FAILURE TO INFORM DEFENDANT OF THE DEPORTATION CONSEQUENCES OF HIS PLEA REQUIRED THAT HE BE GIVEN THE OPPORTUNITY TO WITHDRAW HIS PLEA, DESPITE THE FACT THAT THE COURT OF APPEALS CASE MANDATING AN EXPLANATION OF DEPORTATION CONSEQUENCES CAME DOWN AFTER DEFENDANT’S PLEA.
FAILURE TO TIMELY MAIL THE SUMMONS AND COMPLAINT AFTER SERVICE AT DEFENDANT’S BUSINESS AS REQUIRED BY CPLR 308 (2) IS A JURISDICTIONAL DEFECT WHICH IS NOT CURED BY LATE MAILING (SECOND DEPT).
Amendment to Notice of Claim to Add Second Hospital Should Have Been Allowed
DEFENDANT’S FOR-CAUSE CHALLENGE TO A JUROR SHOULD HAVE BEEN GRANTED; NEW TRIAL ORDERED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Out of State Visitation for All School Breaks and Three-Day Weekends (In Addition... Mother Did Not Stipulate to Order of Reference; Therefore Referee Only Had...