Opinion
05-18-2016
In the Matter of Andrew J. VERRINO, respondent, v. Nicole BRIGHT, appellant. (Proceeding No. 1) In the Matter of Nicole Bright, appellant, v. Andrew J. Verrino, respondent. (Proceeding No. 2)
Jennifer Lombardo, Yonkers, NY, for appellant. Scott Stone, P.C., White Plains, NY, for respondent. Thomas F. Fanelli, Jr., White Plains, NY, attorney for the child.
Jennifer Lombardo, Yonkers, NY, for appellant.
Scott Stone, P.C., White Plains, NY, for respondent.
Thomas F. Fanelli, Jr., White Plains, NY, attorney for the child.
Opinion Appeal from an order of the Family Court, Westchester County (Hal B. Greenwald, J.), entered March 13, 2015. The order, insofar as appealed from, after a hearing, denied that branch of the mother's petition which was for permission to relocate with the subject child to Ohio. ORDERED that the order is affirmed insofar as appealed from, with costs.
The parties, who were never married to each other, are the parents of a son born in 2009. In 2011, the mother filed a petition seeking sole custody of the child and permission to relocate with him to Ohio. After a hearing, the Family Court granted that branch of the mother's petition which was for sole custody, and denied that branch of her petition which was for permission to relocate.
When reviewing a custodial parent's request for permission to relocate, the court's primary focus must be the best interests of the child (see Matter of Tropea v. Tropea, 87 N.Y.2d 727, 739, 642 N.Y.S.2d 575, 665 N.E.2d 145 ; Matter of Steadman v. Roumer, 81 A.D.3d 653, 916 N.Y.S.2d 796 ). Here, the Family Court's determination that the subject child's best interests would not be served by relocating to Ohio was supported by a sound and substantial basis in the record (see Matter of Tropea v. Tropea, 87 N.Y.2d at 739, 642 N.Y.S.2d 575, 665 N.E.2d 145 ; Matter of Karen H. v. Maurice G., 101 A.D.3d 1005, 956 N.Y.S.2d 154 ; Matter of McBryde v. Bodden, 91 A.D.3d 781, 936 N.Y.S.2d 292 ). Accordingly, the court properly denied that branch of the mother's petition which was for permission to relocate with the child to Ohio.
DILLON, J.P., CHAMBERS, BARROS and BRATHWAITE NELSON, JJ., concur.