Matter of Dexter A. v. Georgia G.

Appellate Division of the Supreme Court of New York

Matter of Dexter A. v. Georgia G.

120 A.D.3d 1106, 992 N.Y.S.2d 402, 2014 NY Slip Op 06251, 2014 N.Y. App. Div. LEXIS 6208

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 23, 2014

Docket12966

StatusPublished

Cited by1 cases

This text of 120 A.D.3d 1106 (Matter of Dexter A. v. Georgia G.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Dexter A. v. Georgia G., 120 A.D.3d 1106, 992 N.Y.S.2d 402, 2014 NY Slip Op 06251, 2014 N.Y. App. Div. LEXIS 6208 (N.Y. Ct. App. 2014).

Pincite

Opinion

Order, Family Court, Bronx County (Jennifer S. Burtt, Ref.), entered on or about August 31, 2013, which, to the extent appealed from as limited by the briefs, denied, after a hearing, petitioner father’s application to relocate to Virginia with the parties’ minor child, unanimously reversed, on the law, and the facts, without costs, the application granted, and the matter is remanded to the trial court to set an access schedule for the mother.

The record does not support the referee’s determination that the child’s best interests would be served by denying the father’s relocation application (see Matter of Tropea v Tropea, 87 NY2d 727, 740-741 [1996]).

While not determinative, the child has indicated a preference to relocate to Virginia with the father. There is sufficient evidence to support the father’s claim that there will be economic and educational benefits to the child, and the child’s contact with his mother will not be substantially impacted because the father has offered liberal access to the mother.

Concur — Friedman, J.E, Acosta, Saxe, Gische and Kapnick, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Family Court, Bronx County (Jennifer S. Burtt, Ref.), entered on or about August 31, 2013, which, to the extent appealed from as limited by the briefs, denied, after a hearing, petitioner father’s application to relocate to Virginia with the parties’ minor child, unanimously reversed, on the law, and the facts, without costs, the application granted, and the matter is remanded to the trial court to set an access schedule for the mother.

The record does not support the referee’s determination that the child’s best interests would be served by denying the father’s relocation application (see Matter of Tropea v Tropea, 87 NY2d 727, 740-741 [1996]).

While not determinative, the child has indicated a preference to relocate to Virginia with the father. There is sufficient evidence to support the father’s claim that there will be economic and educational benefits to the child, and the child’s contact with his mother will not be substantially impacted because the father has offered liberal access to the mother.

Concur — Friedman, J.E, Acosta, Saxe, Gische and Kapnick, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

120 A.D.3d 1106, 992 N.Y.S.2d 402, 2014 NY Slip Op 06251, 2014 N.Y. App. Div. LEXIS 6208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-dexter-a-v-georgia-g-nyappdiv-2014.

Opinion

Related

Cite This Page — Counsel Stack