Legal Opinion

Shaw v. Miller

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

Decided January 24, 2012PublishedCited by 4 opinions

1Opinion of the Court

*880The Family Court did not err in granting the father’s petition to modify a prior order of custody and visitation. The father established by a preponderance of the evidence that the relocation to Virginia was in the subject child’s best interests (see Matter of Tropea v Tropea, 87 NY2d 727, 741 [1996]; Matter of Harding v Harding, 84 AD3d 1086 [2011]; Matter of Englese v Strauss, 83 AD3d 705 [2011]; Bjornson v Bjornson, 38 AD3d 816 [2007]). The father established that the relocation to Virginia was economically necessary, that the child’s life will be enhanced emotionally and educationally by…

2Cases cited10 opinions

  1. MATTER OF TROPEA v. TropeaNew York Court of Appeals · 1996
  2. Jennings v. Yillah-ChowAppellate Division of the Supreme Court of the State of New York · 2011
  3. Clarke v. BoertleinAppellate Division of the Supreme Court of the State of New York · 2011
  4. Hamed v. HamedAppellate Division of the Supreme Court of the State of New York · 2011
  5. Englese v. StraussAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by4 opinions

  1. Matter of Bush v. LopezAppellate Division of the Supreme Court of the State of New York · 2015
  2. Sahagun v. AlixAppellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of Packer v. FerranteAppellate Division of the Supreme Court of the State of New York · 2016
  4. Sahagun v. AlixAppellate Division of the Supreme Court of the State of New York · 2013

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