An Appellate court found itself split on whether a mother would be allowed to move her 6-year-old boy across the country to California against the New York father’s wishes.
The New York Law Journal reported on June 3rd, 2011, that the justices were full of strong opinions and emotions regarding the outcome of the case. One dissenting Justice even chastised the mother saying she was chancing a whirlwind romance.
“So powerful was her need to find a romantic partner that she was willing to drop everything,” wrote Justice Saxe in his dissent, “particularly her day-to-day presence in the life of her four-year old son, in pursuit of satisfying it.”
While the dissent focused on the fact that boy’s mother had moved to California to be with her then fiancé, now husband. The approving side focused on the fact that the boy would have a more financially stable home with his mother.
The original custody agreement between the boy’s parents granted the mother full custody but, required her to live no more than 25 miles from the boy’s father.
In 2008 the mother’s fiancé received full time employment in California. The mother informed the father and attempted to reach a new custody agreement. Her attempts were unsuccessful and she left New York leaving her son in the father’s care.
The mother claims she left her son in New York with full intentions of moving him out to California once she was settled.
Overall, majority of the justices ruled in favor of the mother. Concluding that the boy would have more stability in California than in New York. Justice Mosokowitz wrote in his opinion that “regardless of the mother’s motivations, it is the best interest of the child that must guide our decision.”
Jayson Lutzky has over 28 years of proven legal experience, both as a trial litigator and as a tough negotiator. If you are facing a child custody or child relocation dispute and are in need of legal assistance, then please feel free to contact our law offices to set up a free initial consultation.