Adams v. Bracci
Appellate Division of the Supreme Court of the State of New York
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
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- Moore v. SchillAppellate Division of the Supreme Court of the State of New York · 2007
- DeLorenzo v. DeLorenzoAppellate Division of the Supreme Court of the State of New York · 2011
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