Murphy v. Murphy

Dennis George Murphy (husband) appeals from a *187judgment of divorce nisi dated November 29, 2010, as amended on December 30, 2010, which awarded the parties shared legal custody over their daughter, but awarded Mania Elvira Murphy (wife) sole physical custody. The judge also found good cause to allow the wife to remove the child from the Commonwealth pursuant to G. L. c. 208, § 30, in order to move to New York to live with her sister. In so finding, the judge employed the standard articulated by the Supreme Judicial Court in Yannas v. Frondistou-Yannas, 395 Mass. 704 (1985) (Yannas). Finally,…