Opinion
12673 Dkt. No. V-24845/17 V-26349/17 Case No. 2019-0922
12-17-2020
In re KEVIN A.G., Petitioner–Respondent, v. SAMANTHA T., Respondent–Appellant
Samantha T., appellant pro se. Janet Neustaetter, The Children's Law Center, Brooklyn (Rachel J. Stanton of counsel), attorney for the children.
Samantha T., appellant pro se.
Janet Neustaetter, The Children's Law Center, Brooklyn (Rachel J. Stanton of counsel), attorney for the children.
Manzanet–Daniels, J.P., Gesmer, Kern, Oing, Moulton, JJ.
Order, Family Court, Bronx County (Jennifer S. Burtt, Referee), entered on or about November 26, 2018, which, inter alia, upon a fact-finding determination, awarded joint physical and legal custody of the subject children to the parents and denied respondent mother's application to relocate with the children to Florida, unanimously affirmed, without costs.
A sound and substantial basis supports the determination that the children's best interests are met by the award of joint legal and physical custody (see Eschbach v. Eschbach , 56 N.Y.2d 167, 171–172, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ). The court considered the appropriate factors, and determined that the parties had conducted themselves with civility toward one another, reached compromises regarding visitation schedules, and generally set aside personal feelings for the sake of the children (see Matter of Johanys M. v. Eddy A., 115 A.D.3d 460, 982 N.Y.S.2d 30 [1st Dept. 2014] ; Juneau v. Juneau, 206 A.D.2d 647, 614 N.Y.S.2d 615 [3d Dept. 1994] ). The record does not reflect that there had been any disputes between the parties over any major issue concerning the children, or that the parties' relationship was marked by such acrimony or mistrust that joint custody would not be a viable option (compare Lubit v. Lubit, 65 A.D.3d 954, 885 N.Y.S.2d 492 [1st Dept. 2009], lv denied 13 N.Y.3d 716, 2010 WL 118203 [2010], cert denied 560 U.S. 940, 130 S.Ct. 3362, 176 L.Ed.2d 1247 [2010] ).
The court's denial of the mother's request for permission to relocate to Florida has a sound and substantial basis in the record as being in the best interests of the children (see Matter of Tropea v. Tropea, 87 N.Y.2d 727, 739–741, 642 N.Y.S.2d 575, 665 N.E.2d 145 [1996] ; Matter of David J.B. v. Monique H., 52 A.D.3d 414, 861 N.Y.S.2d 330 [1st Dept. 2008] ). The mother failed to establish that the children's education would be improved by the move, as they were already doing well in their local schools. Moreover, the father and mother currently share time equally, and a relocation to Florida would negatively impact the father's time and meaningful relationship with the children, as well as the children's close relationships with extended family.