Legal Opinion
Sweetser v. Willis
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2012PublishedCited by 5 opinions
1Opinion of the Court
“To modify an existing custody arrangement, there must be a showing of a change in circumstances” (Matter of Englese v Strauss, 83 AD3d 705, 706 [2011]; see Matter of Harding v Harding, 84 AD3d 1086, 1086 [2011]). Since the mother was seeking permission to relocate, she bore the burden of proof by a preponderance of the evidence (see Matter of Harding v Harding, 84 AD3d at 1086; Matter of Englese v Strauss, 83 AD3d at 706). A custodial parent’s request to relocate “must be considered on its own merits with due consideration of all the relevant facts and circumstances and with predominant…
2Cases cited7 opinions
- MATTER OF TROPEA v. TropeaNew York Court of Appeals · 1996
- Plaza v. PlazaAppellate Division of the Supreme Court of the State of New York · 2003
- Englese v. StraussAppellate Division of the Supreme Court of the State of New York · 2011
- Friedman v. RomeAppellate Division of the Supreme Court of the State of New York · 2007
- Harding v. HardingAppellate Division of the Supreme Court of the State of New York · 2011
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Farran v. FennerAppellate Division of the Supreme Court of the State of New York · 2012
- Abbott v. AbbottAppellate Division of the Supreme Court of the State of New York · 2012
- Abbott v. AbbottAppellate Division of the Supreme Court of the State of New York · 2012
- SAPERSTON, WILLARD v. HOLDAWAY, HEATHERAppellate Division of the Supreme Court of the State of New York · 2012
- Saperston v. HoldawayAppellate Division of the Supreme Court of the State of New York · 2012