Sean I. R. v. Jennifer J. B.

—Order unanimously reversed on the law without costs, petition denied and matter remitted to Niagara County Family Court for further proceedings in accordance with the following Memorandum: Family Court erred in determining that respondent mother could retain custody of the parties’ child, who was born out of wedlock, only if she maintains her residence in Niagara County and that petitioner father would be awarded custody if respondent relocates her residence to her family home in Wayne County.

The test in relocation cases is “whether it has been established by a preponderance of the evidence…