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MOTHER’S PETITION TO RELOCATE WITH THE CHILD SHOULD NOT HAVE BEEN GRANTED WITHOUT A HEARING, THE PETITION WAS GRANTED AFTER FATHER SCREAMED AT COURT PERSONNEL (SECOND DEPT).

The Second Department determined Family Court should not have granted mother’s petition to relocate in this custody modification proceeding without holding a hearing. Family Court granted the petitioner after father appeared and screamed at court personnel:

Where a custodial parent seeks to relocate over the objection of the non-custodial parent, the court must consider each relocation request “on its own merits with due consideration of all the relevant facts and circumstances and with predominant emphasis being placed on what outcome is most likely to serve the best interests of the child” … . “In the end, it is for the court to determine, based on all of the proof, whether it has been established by a preponderance of the evidence that a proposed relocation would serve the child’s best interests” … .

Although “[a] parent seeking a change of custody is not automatically entitled to a hearing” … , “custody determinations should [g]enerally’ be made only after a full and plenary hearing and inquiry'” … . “This general rule furthers the substantial interest, shared by the State, the children, and the parents, in ensuring that custody proceedings generate a just and enduring result that, above all else, serves the best interest of a child” … . “When the allegations of fact in a petition to change custody are controverted, the court must, as a general rule, hold a full hearing” … . Matter of Williams v Jenkins, 2018 NY Slip Op 08491, Second Dept 12-12-18

 

 

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