April 1st, 2011
This past summer, Justice Falanga, a Supreme Court Judge sitting in Nassau County, made a ruling that despite a child’s wishes, the relocation of the child with the mother to Michigan was denied. The wife decided to relocate from New York to Michigan. She had residential custody of the parties’ children. The father brought a proceeding for custody of the parties youngest child. He took this action in spite of the fact that the child had specifically expressed her desire to move to Michigan with her mother.
Dad Asks For Custody
Dad argued that the custody change was not in the child’s best interest. Justice Falanga decided that this was not a typical relocation case. Instead, he felt it was an application for change of custody resulting in the relocation of the child to another state.
The judge stated in his decision that the wife had the burden of demonstrating that the child’s best interest would be served by this relocation to Michigan, and by the changing of the residential custody from the father to the mother. The court noted that under child modification principles, the wife had established that she believed the child would be happier if she was allowed to reside with her in Michigan. However, she did not prove such change in circumstances would be in the child’s best interest.
The court also took into consideration the fact that the father had made diligent sustained efforts to develop the child’s relationship with his wife. The court ruled that he was the parent best able to provide for the child’s emotional, intellectual and social development. The judge further stated in his opinion that he could provide a more secure standard of living and financial future for the child.
In this case, a father’s rights were protected by the court. Thank you, Judge Falanga!
Fathers need to have their rights protected. Important issues in matrimonial law involving divorce, fathers’ rights, orders of protection, child custody, child visitation, child support, spousal maintenance (alimony), child abuse, child neglect, paternity, equitable distribution and relocation problems require experienced, dedicated fathers’ rights attorneys. We also represent fathers concerning issues involving parental alienation, parental alienation syndrome and paternity. Should you be presented with one of these issues, please feel free to call us.