Opinion
671 CAF 14-00526
07-02-2015
In the Matter of Lance M. LAPOINT, Petitioner–Appellant, v. Wendy PELLICIOTTI, Respondent–Respondent.
Kelly M. Corbett, Fayetteville, for Petitioner–Appellant. Karen J. Docter, Attorney for The Child, Fayetteville.
Kelly M. Corbett, Fayetteville, for Petitioner–Appellant.Karen J. Docter, Attorney for The Child, Fayetteville.
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, SCONIERS, AND WHALEN, JJ.
Opinion
MEMORANDUM:
Pursuant to Family Court Act article 6, petitioner father sought “joint custody or full custody [i]f needed[,]” of the parties' child and specific dates and times for visitation. The father appeals from an order insofar as it directed that respondent mother continue to be the “parent of primary residence.”
We agree with the father that Family Court erred in designating the mother the “parent of primary residence,” thereby implicitly condoning the mother's relocation to Florida with the child. Inasmuch as “the court made no explicit determination that the relocation was in the best interests of the child, and ... failed to make findings regarding relevant factors that must be considered in making such a determination” (Matter of McLaughlin v. Michaud, 256 A.D.2d 1130, 1131, 682 N.Y.S.2d 498 ; see Matter of Tropea v. Tropea, 87 N.Y.2d 727, 740–741, 642 N.Y.S.2d 575, 665 N.E.2d 145 ), we reverse the order insofar as appealed from and remit the matter to Family Court for a determination, including specific findings, whether relocation to Florida with the mother is in the best interests of the child.
It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, and the matter is remitted to Family Court, Onondaga County, for further proceedings.