Divorce: New York

Divorce: New York

Tag Archives: Relocation

Relocation of Mother with Children Requires Showing of Economic or Emotional Enhancement

Posted in Custody and Visitation
A mother’s application to relocate with her children to Arizona was properly dismissed where she failed to establish that the relocation would enhance the children’s lives economically or emotionally. In its January 29, 2004 decision in Christy v. Christy, the Second Department affirmed the order of Suffolk County Family Court Attorney Referee Roseann Orlando that… Continue Reading

Parent May Assert Malpractice Claim Against Attorney for the Child as Defense to Fee Application

Posted in Custody and Visitation
Following a custody/visitation dispute, a parent may assert a malpractice claim as a defense to the application for the payment of fees of the Attorney for the Children. However, in its December 5, 2013 opinion in Venecia V. v August V., the Appellate Division, First Department, held that no malpractice had been committed, and no… Continue Reading

Child Support: When One of the Children Switches Homes

Posted in Agreements and Stipulations, Child Support (C.S.S.A.), Modification-agreements-and-stipulations
It is common for a divorce settlement agreement to provide that a child will be emancipated if he or she leaves the residence of the custodial parent. The result is the stated reduction in child support payments to the custodial parent. However, if the child not only leaves the custodial parent, but moves in with… Continue Reading

14-Year-Old Daughter Should Not Have Been Made to Testify in Front of Parents in Custody Modification Proceeding

Posted in Custody and Visitation, Modification-agreements-and-stipulations
Particularly in light of the allegations that the mother threatened to retaliate against her 14-year old daughter’s testimony supporting the father, it was an abuse of discretion for the trial Judge to require the daughter to testify in open court in this custody modification proceeding. The girl should have been interviewed by the judge in chambers… Continue Reading

Unemployed Father May Have To Relocate Rather Than Having His Child Support Obligation Reduced

Posted in Child Support (C.S.S.A.), Modification-agreements-and-stipulations
When a judge works this hard to provide a searching analysis of a difficult question, we should sit up and take notice. Should an unemployed father be required to prove why he should not have to relocate to seek/obtain employment in his field as a condition to him receiving a downward modification of his child… Continue Reading

Relocation of the Single Parent and Child: Recent Decisions (Part II)

Posted in Custody and Visitation
As noted in the February 8, 2010 post, seven very recent decisions reveal just how present are applications by separated parents to relocate with children. These decisions demonstrate that relocation applications will be decided very much on a case-by-case basis. However, common inquiries are evident: To what extent is the relocation a necessity? To what extent… Continue Reading

Relocation of the Single Parent and Child: Recent Decisions (Part I)

Posted in Custody and Visitation
Seven decisions published in the last few months reveal just how significant an issue parent relocation remains. Perhaps it results from a difficult economy; perhaps a simple reflection of our mobile society. Whatever the cause, these decisions reveal the judicial system’s agony when trying to predict the “best interest of a child.” Four of these decisions… Continue Reading

Relocation to California Denied Mother with 12-year Old Daughter

Posted in Alternative Dispute Resolution (ADR), Custody and Visitation, Enforcement of Support and Orders
The May 5, 2011 decision of the Appellate Division Third Department in Munson v. Fanning, highlights the need for difficult discussions and prioritization before taking life-altering steps. It is also another call for the expanded use of the Collaborative Law Process. In this case, the parties’ 12-year old daughter had been born after her parents had… Continue Reading