After having her petition for relocation denied a New York mother attempted to seek the same relief from another family court judge, as reported by the New York Law Journal in a December 14, 2012 article.

Although the original judge did not deny her ability to move, the judge did deny her ability to relocate the children. The mother relocated with her boyfriend regardless. Based on her relocation, the mother petitioned the court to allow permanent relocation. The mother argued that it was in the best interest of the children and that since her first petition there had been a change in circumstances.

Upon reviewing the facts of the case the court found that there was no justification for allowing the relocation. The mother took a lower paying job due to the move, and there were no other changes in circumstance. The court noted that they did not believe that the mother moved for the best interest of the children, but rather for her own personal reasons. Based on these findings they ruled to not allow the children to relocate to Florida with their mother because it would potentially end their relationship with their father. There was no financial necessity for the mother to move, and the father’s means to pay for visitation was extremely limited. The court denied the mother’s petition.

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