In a case before Judge Aija Tingling ,who sits in the Family Court of New York County, a mother brought a petition seeking to relocate with her child. The father opposed the mother’s application. The mother claimed she was hoping to relocate to Miami, Florida. She claimed her family resided there. The father convinced her initially to stay and go to New Jersey. The mother in this case claimed the relocation would provide the child with better housing, in a safer neighborhood and better educational opportunities. She claimed for these reasons it was in the child’s best interest to allow her to relocate.
No Modification of Prior Custody Order
The father’s attorney claimed a change in circumstance would be required for the modification of the present custody order. Judge Tingling found the change in circumstances was required only for a modification of a custody order. Since the court took note the mother was not seeking to modify a prior custody order, a change in circumstance would not be necessary to obtain the court’s permission to allow her to relocate.
The Court’s Decision
Judge Tingling found the mother testified in a credible manner. The testimony showed that the relocation would enhance both her life and the child’s. Judge Tingling found the mother’s testimony established the child would benefit physically, financially and educationally from the relocation and the father would not be denied meaningful access to the child. The father argued the relocation would interfere with his parental access. Judge Tingling disagreed with the father’s position. She found that the mother was able to show the relocation was in the child’s best interest. It also would not interfere with the father’s parenting time. She therefore granted the mother the application to relocate.
Elliot S. Schlissel, Esq. is an attorney who litigates relocation actions and objections to relocation proceedings throughout the Metropolitan New York. He can be reached at 800-344-6431 or e-mailed at Elliot@sdnylaw.com.