Hoyt v. Boyar

Appeal from a judgment of the Family Court of Sullivan County, entered January 12, 1979, which (1) denied appellant’s application for custody of the parties’ minor child, and (2) ordered appellant to pay respondent $2,500 as attorney’s fees. This proceeding was precipitated by appellant’s desire to prevent his former wife, respondent, from moving to Puerto Rico with their son and thereby making visitation more difficult for appellant. Appellant contends that Family Court erred in continuing custody in the respondent. However, the burden of proof upon appellant in seeking a change was not…