Legal Opinion

Adams v. Bracci

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

Decided January 12, 2012PublishedCited by 23 opinions

1Opinion of the CourtMcCarthy, J.

Although Family Court should have analyzed this matter as a relocation proceeding, the court did not err in awarding sole custody to the father. In contrast to an ordinary modification proceeding, where the petitioning party must demonstrate a change in circumstances and that a modification is in the child’s best interests, a relocation is accepted as a change in circumstances, requiring the parent seeking the move to demonstrate *1047that relocating the child with the custodial parent is in the child’s best interests. Factors to consider in this situation include “each parent’s reasons for…

2Cases cited7 opinions

  1. MATTER OF TROPEA v. TropeaNew York Court of Appeals · 1996
  2. Siler v. WrightAppellate Division of the Supreme Court of the State of New York · 2009
  3. Franklin v. RicheyAppellate Division of the Supreme Court of the State of New York · 2008
  4. Moore v. SchillAppellate Division of the Supreme Court of the State of New York · 2007
  5. DeLorenzo v. DeLorenzoAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by23 opinions

  1. Pizzo v. PizzoAppellate Division of the Supreme Court of the State of New York · 2012
  2. Cole v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 2013
  3. Matter of Julie E. v. David E.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Heasley v. MorseAppellate Division of the Supreme Court of the State of New York · 2016
  5. Lori DD. v. Shawn EE.Appellate Division of the Supreme Court of the State of New York · 2012

18 more not listed; retrieve them via the Exa API.

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