Sara P. v. Richard T.

175 Misc. 2d 988, 670 N.Y.S.2d 964, 1998 N.Y. Misc. LEXIS 73
CourtNew York City Family Court
DecidedFebruary 10, 1998
StatusPublished
Cited by4 cases

This text of 175 Misc. 2d 988 (Sara P. v. Richard T.) is published on Counsel Stack Legal Research, covering New York City Family Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sara P. v. Richard T., 175 Misc. 2d 988, 670 N.Y.S.2d 964, 1998 N.Y. Misc. LEXIS 73 (N.Y. Super. Ct. 1998).

Opinion

OPINION OF THE COURT

Joan S. Kohout, J.

A petition has been filed by Sara P. requesting a modifica[989]*989tion of the divorce decree signed by the Honorable Harold L. Galloway on August 2, 1994, which granted joint custody of the parties’ child Morgan “equally dividing time spent with the child” between her parents. Ms. P. requests primary residence of Morgan and permission to relocate with the child to the State of South Carolina. She additionally requests appropriate child support. The respondent Richard T. has filed his own petition to modify the divorce decree, seeking primary residence of the child during the school year subject to liberal periods of residency with the mother during summer and school recesses.

Both parents have been represented by counsel throughout the proceedings and the court has assigned a Law Guardian for Morgan. Morgan has directed her Law Guardian to take no position relative to the petitions filed by her parents. The court has heard testimony regarding the parents’ petitions over several dates and has reviewed the memoranda of law submitted by counsel.

FINDINGS OF FACT

The petitioner and respondent were married in 1983 while the petitioner was in the military. Morgan was born on May 31, 1988. At that time, Mr. T. was attending school and Ms. P. was serving in the Marines at Parris Island, South Carolina. After Morgan’s birth, the couple agreed that Mr. T. would stay home with Morgan and provide her primary care.

In August 1989 the family moved to Rochester, New York, where Ms. P. had obtained employment with Xerox Corporation. Mr. T. continued to care for Morgan after the move to Rochester. In November 1990 Ms. P. was ordered to active duty in the Persian Gulf and was out of the country until April 1991. During that time, Morgan continued in the full-time care of her father.

Shortly after Ms. P. returned home, the parties decided to separate with Ms. P. establishing a separate residence within the family home. In August 1992 she vacated the residence and the parents began a shared custody arrangement, spending equal time with their daughter.

Before the parties separated, Mr. T. became employed by IBM as an independent contractor. Originally he earned $15,000 per year, which increased to between $40,000 and $41,000 in 1996. Mr. T. has been employed as an UNIX System Administrator since February 1997. He has arranged day care for Morgan two or three days per week during times that she is with him at a cost of $50 to $60 every two weeks. Ms. P. has [990]*990not contributed to the cost of day care, although she is court ordered to pay 64.5% of day-care expenses. Since June 1997 Ms. P. has also failed to make the $69 per week child support payments required by the divorce decree.

The divorce decree and incorporated stipulation of the parties creates an equally shared custody arrangement. Originally Morgan moved between her parents every few days. Beginning in the summer of 1995, after consulting with school personnel, the parties modified their arrangement so that Morgan alternated weeks with her parents. When Ms. P. relocated to the State of South Carolina during the summer of 1997, the parents agreed to a two-week alternating schedule which allowed Ms. P. to come up to Rochester for two-week blocks of time with Morgan.

When Morgan resides with her father she lives in a rented home in suburban Irondequoit along with her father’s companion Tina Coppinger and Ms. Coppinger’s two children Misty (age 10) and Joshua (age 7). While Ms. Coppinger and Mr. T. have no plans to marry at the present time, they each testified to a desire to continue residing together as a family.

Ms. P. married Patrick S. on January 4, 1996 and presently resides with him at her parents’ home in Greenville, South Carolina. Their long-term plan is to build or purchase a home in the Greenville area.

Mr. S. is employed by Duke Energy in Greenville. He has a Master’s degree in computer software management and holds a dental degree, although he has not practiced dentistry since 1988. Mr. S.’s background, which includes a Bachelor’s degree in chemistry, provides him with uniquely marketable skills which have resulted in a one-year contract with Duke at an annual salary of $114,000 per year.

While Mr. S. was working in Rochester he was a contract employee at Eastman Kodak, earning $76,000 per year. His contract ended in February 1997. Mr. S. received an offer of permanent employment from Kodak paying $63,500, which he rejected. On or about May 30, 1997 Mr. S. received an offer of employment through a contact agency for a job in Charlotte, North Carolina, at the rate of $43 per hour. This job was with Duke Energy as a customer service employee.

Mr. S. testified that the decision to relocate was part of an ongoing discussion with his wife beginning as early as September of 1995, after he and Ms. P. had become engaged. He felt the move would be advantageous because Ms. P. would [991]*991not have to work due to the increase in his salary, they would be closer to family and it would be best for all concerned, including Morgan.

On June 1, 1997 Patrick S. moved to Charlotte, North Carolina. At that time Ms. P. informed Mr. T. that Patrick had received an offer and that they intended to move. She stated that she was not going to move until things were “settled”, including providing notice to Xerox. Ms. P. suggested that Morgan relocate with her and spend summers with her father. This was not acceptable to Mr. T. Ms. P. described these discussions as “we agreed to disagree.” In September 1997 Mr. S. moved to Greenville and began working at his present job. He and Ms. P. moved in with her parents, where they presently reside.

Neither parent presents any particular concerns regarding the care provided by the other parent. They each describe the other as a good, although different, parent. Morgan has thrived under the joint care of her parents. She is described as a bright, cheerful girl who likes to be active. She is doing well in the West Irondequoit school system, where she receives special educational services. Morgan was diagnosed as being speech impaired in 1991 and has received special services since that time.

In the past, Morgan has had difficulties with her hearing. Her parents took her to various specialists. Ultimately, Morgan had tubes put in her ears and then had her tonsils removed. Since that time her speech has suffered, necessitating a regimen of speech therapy. Morgan also continues to need extra help, especially with spelling, organization of materials and budgeting her time. She has no special medical needs at the present time, although she does wear glasses. All of Morgan’s medical providers are located in Monroe County.

Mr. T. expressed keen insight into Morgan’s circumstances, stating to the court that he felt it would be best for Morgan if her mother returned to Rochester so that both parents could continue to be significantly involved in her life and so that “she feels she is fully mom’s kid and fully dad’s kid.” Ms. P. did not indicate that she believed uprooting Morgan from the Rochester area and her father would have any impact on the child.

CONCLUSIONS OF LAW

The main focus of this case at trial was the relocation of Ms. P. to Greenville and her desire to have Morgan move there with her. The term “relocation” has become a legal term of art [992]

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Bluebook (online)
175 Misc. 2d 988, 670 N.Y.S.2d 964, 1998 N.Y. Misc. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sara-p-v-richard-t-nycfamct-1998.