Opinion
2016–09251 Docket No. V–20920–06
01-22-2018
In the Matter of Tahira ALI, respondent, v. Gregory ABRAMS, appellant.
Dewette C. Aughtry, Brooklyn, NY, for appellant. Warren S. Hecht, Forest Hills, NY, for respondent. Karen P. Simmons, Brooklyn, N.Y. (Eva D. Stein and Janet Neustaetter of counsel), attorney for the child.
Dewette C. Aughtry, Brooklyn, NY, for appellant.
Warren S. Hecht, Forest Hills, NY, for respondent.
Karen P. Simmons, Brooklyn, N.Y. (Eva D. Stein and Janet Neustaetter of counsel), attorney for the child.
SHERI S. ROMAN, J.P., HECTOR D. LASALLE, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER Appeal from an order of the Family Court, Kings County (Lisa Aschkenasy, Ct. Atty. Ref.), dated July 11, 2016. The order, insofar as appealed from, upon a decision dated July 20, 2016, made after a hearing, granted the mother's petition to modify an order of visitation dated November 16, 2006, so as to permit her to relocate with the parties' child to Texas. The notice of appeal from the decision is deemed to be a notice of appeal from the order dated July 11, 2016 (see CPLR 5512[a] ).
ORDERED that the order dated July 11, 2016, is affirmed insofar as appealed from, without costs or disbursements.
The parties, who are not married and never lived together, had a child together in 2004. The child always lived with the mother. On November 16, 2006, the Family Court issued an order of visitation awarding the father daytime visits with the child once a week and on certain holidays.
In 2013, the mother, who never sought an order of custody of the child, filed a petition to modify the order of visitation so as to permit her to relocate to Texas with the child. Following a hearing, the Family Court granted the mother's petition. The father appeals. A parent seeking leave to relocate with a child bears the burden of establishing by a preponderance of the evidence that the proposed relocation would be in the child's best interests (see Matter of Tropea v. Tropea, 87 N.Y.2d 727, 741, 642 N.Y.S.2d 575, 665 N.E.2d 145 ; Matter of Reyes v. Gill, 155 A.D.3d 1044, 65 N.Y.S.3d 210 ). In determining whether a proposed move is in a child's best interests, courts are "free to consider and give appropriate weight to all of the factors that may be relevant to the determination" ( Matter of Tropea v. Tropea, 87 N.Y.2d at 740, 642 N.Y.S.2d 575, 665 N.E.2d 145 ). These factors include "each parent's reasons for seeking or opposing the move, the quality of the relationships between the child and the custodial and noncustodial parents, the impact of the move on the quantity and quality of the child's future contact with the noncustodial parent, the degree to which the custodial parent's and child's life may be enhanced economically, emotionally and educationally by the move, and the feasibility of preserving the relationship between the noncustodial parent and child through suitable visitation arrangements" ( id. at 740–741, 642 N.Y.S.2d 575, 665 N.E.2d 145 ; see Matter of Teel v. Minus, 152 A.D.3d 705, 59 N.Y.S.3d 99 ). "In reviewing the Family Court's determination, we accord considerable deference to the court's assessment of the witnesses' demeanor and credibility" ( Matter of Hall v. Clas, 144 A.D.3d 801, 802, 40 N.Y.S.3d 557 [internal quotation marks omitted]; see Matter of Ventura v. Huggins, 141 A.D.3d 600, 601, 34 N.Y.S.3d 599 ). The court's determination as to the relocation of a child must be supported by a sound and substantial basis in the record (see Matter of Reyes v. Gill, 155 A.D.3d 1044, 65 N.Y.S.3d 210 ; Matter of Teel v. Minus, 152 A.D.3d at 705–706, 59 N.Y.S.3d 99 ).
Here, the mother established by a preponderance of the evidence that the relocation to Texas was in the child's best interests. She demonstrated that the child's life will be enhanced economically and emotionally by the move and that it was feasible to preserve the child's relationship with the father through suitable visitation arrangements (see Matter of Packer v. Ferrante, 139 A.D.3d 957, 958, 30 N.Y.S.3d 563 ; Matter of Yu Chao Tan v. Hong Shan Kuang, 136 A.D.3d 933, 935, 25 N.Y.S.3d 339 ; Matter of Tracy A.G. v. Undine J., 105 A.D.3d 1046, 1047, 963 N.Y.S.2d 383 ; Tsui v. Tsui, 99 A.D.3d 793, 951 N.Y.S.2d 882 ; Matter of Harrsch v. Jesser, 74 A.D.3d 811, 812, 902 N.Y.S.2d 183 ). Although the relocation will have an impact on the father's ability to spend time with the child, a liberal visitation schedule, including extended visits during the summer and school vacations, will allow for the continuation of a meaningful relationship between the father and the child (see Matter of Rivera v. Cruz, 143 A.D.3d 902, 903, 39 N.Y.S.3d 238 ; Matter of Packer v. Ferrante, 139 A.D.3d at 958, 30 N.Y.S.3d 563; Matter of Yu Chao Tan v. Hong Shan Kuang, 136 A.D.3d at 935, 25 N.Y.S.3d 339). Additionally, the mother has been the primary caretaker of the child, who was nearly 12 years old at the time of the hearing, for his entire life, and he expressed a desire to relocate with her (see Matter of Turvin v. D'Agostino, 152 A.D.3d 610, 611–162, 58 N.Y.S.3d 155 ; Matter of Ceballos v. Leon, 134 A.D.3d 931, 932, 21 N.Y.S.3d 353 ). Accordingly, the Family Court's determination to allow the mother to relocate to Texas has a sound and substantial basis in the record.
ROMAN, J.P., LASALLE, CONNOLLY and CHRISTOPHER, JJ., concur.