A New York Family Court affirmed a father’s ability to relocate his child from New York to Illinois. According to a December 3, 2012 New York Law Journal news article the mother of the child appealed modifications made to a Family Court order.

Under the modifications, the father was granted sole physical custody of the child and was permitted to relocate outside of the state. The court noted that, with the relocation, the relationship between the mother and the child may be strained. However, evidence showed that the mother suffered from extreme anxiety and alcohol abuse. Based on these findings the court found that supervised visitations were in the best interest of the child.

Furthermore, the court found that the child would be growing up near his paternal cousins and his father acknowledged that the child’s grandmother would be playing an active role.  Given the totality of the circumstances, the court ruled that the relocation was in the best interest of the child. Hence the court order was affirmed.

If you need help in a custody or visitation case or if you are considering divorce, contact the law office of Jayson Lutzky, P.C. Mr. Lutzky has over 30 years of experience practicing law. To set up a free in person consultation call (800) 660-5299. Additionally, you can visit www.MyNewYorkCityLawyer.com for further information.