M & M were parents to two kids with special needs.
In 2022, after an incident of domestic abuse, the wife filed for divorce and sought permission to relocate with the children from Queens to Virginia. And while the parties agreed that wife could have temporary custody, the husband opposed the relocation.
After a hearing, the Queens County Supreme Court granted the wife’s relocation request.
On appeal, the Appellate Division, Second Department, noted that in divorce-related relocation cases, the burden is on the party seeking to move to prove that it’s in the children’s best interests. And, to that end, the court will weigh such factors as the reasons for the move, the relationships between the children and both parents, the impact on the children's contact with the noncustodial parent, along with the move’s potential benefits.
As the primary caregiver, responsible for the children's significant educational and medical needs, the AD2 thought that moving to Virginia would provide the mother with family support, afford her increased living space, and allow her better financial stability. It therefore concluded that relocation was in the children’s best interests and affirmed the outcome.
Was that a moving decision, or what?
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DECISION