Legal Opinion

Ross v. Hodges

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

Decided June 4, 2014Published

1Opinion of the Court

In a child custody and visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Fondulis, Ct. Atty. Ref.), dated February 26, 2013, which, after a hearing, denied the mother’s petition for permission to relocate to Ohio with the subject child.

Ordered that the order is affirmed, with costs.

A parent seeking to relocate with a child bears the burden of establishing by a preponderance of the evidence that the proposed move would be in the child’s best interests (see Matter of Caruso v Cruz, 114 AD3d 769, 771 [2014]). In…

2Cases cited7 opinions

  1. MATTER OF TROPEA v. TropeaNew York Court of Appeals · 1996
  2. Caruso v. CruzAppellate Division of the Supreme Court of the State of New York · 2014
  3. Bruno v. BrunoAppellate Division of the Supreme Court of the State of New York · 2008
  4. Rubio v. RubioAppellate Division of the Supreme Court of the State of New York · 2010
  5. Jave v. DanialAppellate Division of the Supreme Court of the State of New York · 2010

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