Opinion
2003-08632.
Decided April 26, 2004.
In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Dutchess County (Amodeo, J.), entered September 8, 2003, which granted the mother's motion, made at the close of the father's evidence during the fact-finding hearing, to dismiss his petition to relocate to Fargo, North Dakota, with their children.
Satz and Kirshon, P.C., Poughkeepsie, N.Y. (Perry Satz of counsel), for appellant.
Moran and Gottlieb, Kingston, N.Y. (Andrea Moran of counsel), for respondent.
Campanaro Tomkovitch, Hopewell Junction, N.Y. (Michael J. Tomkovitch of counsel), Law Guardian for the child.
Before: NANCY E. SMITH, J.P., GABRIEL M. KRAUSMAN, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
When reviewing a custodial parent's request to relocate, the Family Court's primary focus must be the best interests of the children ( see Matter of Tropea v. Tropea, 87 N.Y.2d 727, 738-739; Kime v. Kime, 302 A.D.2d 564). Here, contrary to the father's contention, the Family Court properly dismissed his petition to relocate to Fargo, North Dakota, with the parties' children, for failure to establish, prima facie, that such relocation was in the best interests of the children.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.