A mother had brought a Family Court case seeking to relocate to Florida. She wanted to bring her child with her to Florida. The father had opposed this application. The mother lost her application in the Family Court. She thereafter appealed the denial of allowing her to relocate to Florida.
The Appeals Court Decision
The Appeals Court also denied the mother’s request to relocate and affirmed the prior decision of the Family Court. The Appeals Court took note the record did not show the mother’s plan to relocate was a real plan. The record was insufficient to establish the child’s best interests would be served by allowing the mother and the parties’ child to move to Florida.
The Mother’s Circumstances
The mother was unemployed. She had no family members or extended family in Florida. There was no information as to her having a job in Florida, what town she wished to live in and where the child would go to school. The mother claimed the father would be able to visit the child in Florida. However, the father’s work schedule and personal life were likely to prevent him from having any significant contact with his child if the mother was able to move with the child to Florida. It was also unlikely the child would be able to come back to New York to spend substantial time visiting with the father.
The mother claimed her financial and economic situation would greatly improve if she relocated to Florida. However, she did not show even if she received economic benefit, the parties’ child would benefit from this relocation.
Conclusion
If one parent seeks to relocate and the relocation has a negative impact on the other parent, the relocating parent must present a very detailed case as to how the relocation will benefit the child of the parties.
Elliot S. Schlissel is a father’s rights lawyer representing fathers in custody, relocation, visitation, support proceedings throughout the Metropolitan New York area. He can be reached for consultation at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.
