Legal Opinion

Davis v. Ogden

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

Decided August 14, 2013Published

1Opinion of the Court

In related proceedings pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Dutchess County (Posner, J.), entered July 31, 2012, which, after a hearing, granted the mother’s petition to relocate with the parties’ two children to Florida.

Ordered that the order is affirmed, without costs or disbursements.

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 Bjornson v Bjornson, 38 AD3d 816 [2007]). In determining whether relocation…

2Cases cited10 opinions

  1. MATTER OF TROPEA v. TropeaNew York Court of Appeals · 1996
  2. Giraldo v. GomezAppellate Division of the Supreme Court of the State of New York · 2008
  3. Caravella v. ToaleAppellate Division of the Supreme Court of the State of New York · 2010
  4. Eddington v. McCabeAppellate Division of the Supreme Court of the State of New York · 2012
  5. Bjornson v. BjornsonAppellate Division of the Supreme Court of the State of New York · 2007

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