Divorce: Mann v. Mann

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Appellate Division, Third Department

Divorce

Custody — Parental Move to Different School District

Mann v. Mann
509485
Appealed from Supreme Court, Warren County

Background: The parties are the divorced parents of two children. Pursuant to their 2007 separation agreement, which was incorporated but not merged into the 2008 judgment of divorce, they had joint legal custody; the defendant had physical custody and the plaintiff had liberal parenting time. On the issue of education, the separation agreement provided that “[t]he well-being, education and development of the children shall at all times be the paramount consideration of [the plaintiff] and [the defendant].”

During their marriage and thereafter, the parties resided in the Lake George Central School District, where both children attended school. In 2009, the defendant informed the plaintiff that she planned to move about 12 miles to a different home in another school district. The plaintiff objected to the children changing schools. When the defendant proceeded with her move, the plaintiff sought, via order to show cause, among other things, an order directing that the children continue to attend school in the same school district. Following a hearing, the supreme court determined that it was in the children’s best interests to remain in the Lake George Central School District and directed that, so long as the plaintiff was the only parent residing in such district, his residence would be considered, for educational purposes only, the children’s primary residence. No other change was made in the parties’ custody and visitation rights. The defendant appeals.

Ruling: The court notes that the aupreme court found credible the testimony indicating that the Lake George Central School District had fewer crime and drug problems. The children had spent their entire, albeit relatively short, academic careers in this district, they were involved in sundry activities, they were doing well academically, they had relatives at the school as well as many friends, and the attorney for the children advocated on appeal for them to remain there. The record supports the supreme court’s decision that it was in the children’s best interests to remain in the Lake George Central School District. The order is affirmed.

Cynthia Feathers for the appellant; Karen Judd of Newell & Klingebiel for the respondent; and G. Scott Walling attorney, for the children