Appellate Division, Fourth Department
Custody — Frequent Relocations
Stable Home Environment — Down Syndrome
Eastman v. Eastman
Appealed from Family Court, Jefferson County
Background: The respondent-petitioner mother appealed from an order that modified a judgment of divorce by transferring primary physical custody of the parties’ child from the mother to the petitioner-respondent father.
Ruling: The Appellate Division affirmed. The court found that mother made numerous relocations, including a move three hours away from the father. It was established that the relocations were not in the child’s best interests, but to further the mother’s interests. Moreover, it was established that the child, who has Down Syndrome, would benefit from a more stable environment.
Elizabeth deV. Moeller of D.J. & A.J. Cirando for the respondent-appellant and petitioner-appellant; Amy B. Egitton of Scolaro, Fetter, Grizanti, McGough & King for the petitioner-respondent and respondent-respondent; Susan A. Sovie, attorney for the child