From Casetext: Smarter Legal Research

In the Matter of Coulter v. Scales

Appellate Division of the Supreme Court of New York, Second Department
Jul 11, 2005
20 A.D.3d 475 (N.Y. App. Div. 2005)

Opinion

2004-08909.

July 11, 2005.

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals, and the Law Guardian separately appeals, as limited by their respective briefs, from so much of an order of the Family Court, Suffolk County (Snellenburg, J.H.O.), entered September 29, 2004, as, after a hearing, permitted the mother to permanently relocate to the state of Florida with the subject child.

Edward M. Gould, Islip, N.Y., for appellant.

Michael S. Bromberg, Sag Harbor, N.Y., Law Guardian for the child, nonparty-appellant pro se.

Jill Coulter, Pensacola, FL, respondent pro se.

Before: H. Miller, J.P., Cozier, Ritter and Fisher, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court properly determined that it was in the child's best interests to permit the mother to permanently relocate to Florida with the child ( see Matter of Tropea v. Tropea, 87 NY2d 727; Miller v. Pipia, 297 AD2d 362, 365-366). The child's desires, while properly considered, are not determinative ( see Eschbach v. Eschbach, 56 NY2d 167, 173; Matter of Schimler v. Schimler, 203 AD2d 580, 581). As there is a sound and substantial basis in the record for the Family Court's determination, it should not be disturbed ( see Matter of Rory H. v. Mary M., 13 AD3d 373).


Summaries of

In the Matter of Coulter v. Scales

Appellate Division of the Supreme Court of New York, Second Department
Jul 11, 2005
20 A.D.3d 475 (N.Y. App. Div. 2005)
Case details for

In the Matter of Coulter v. Scales

Case Details

Full title:In the Matter of JILL COULTER, Respondent, v. ALBERT SCALES, Appellant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 11, 2005

Citations

20 A.D.3d 475 (N.Y. App. Div. 2005)
797 N.Y.S.2d 772

Citing Cases

In re Harrsch

She also demonstrated that, if she were permitted to relocate, she would receive financial assistance,…

Tracy A.G. v. Undine J.

The mother demonstrated that she could not meet the family's living expenses in New York and that the father…