New York Family Law Blog
This proceeding involves the petitioner and respondent Daniel R. III and the respondent and appellant Liza R, otherwise known as Liza U. The law guardian of the child is Howard M. Simms and is involved in this matter as well. This case is being heard in the First Department, Appellate Division of the Supreme Court of the State of New York.
Case Discussion and Decision
A New York Family Lawyer said the parties in this case were divorced in a judgment issued by a court in the Dominican Republic. An order of visitation was entered in the Family Court of Bronx County around the 20th of April, 1993. The petitioner was awarded visitation rights.
A petition to modify the visitation order was brought forth around July of 1998. The petition alleged a substantial change in the circumstances in that the respondent had given the petitioner physical custody of the child until a time that she was ready to resume custody. It was also stated that the child’s performance and attendance at school would be improved with custody being awarded to the petitioner.
This case involves an issue of modification and not relocation. A New York Custody Lawyer said the petitioner had already moved to Pennsylvania at the time the parties decided that the child should live with him. It is felt that the Referee was correct when evaluating the best interests of the child in this case. The petitioner had met the burden of showing that continuing with the current agreement would not be in the best interest of the child.
If the case were to be assessed based on relocation the outcome would be no different. A Nassau County Family Lawyer said the petitioner moved only to obtain employment and the respondent has not been denied access to her son in any way. Additionally, it has been shown that the child would thrive in a new environment.
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