By: Daily Record Staff//February 24, 2015
By: Daily Record Staff//February 24, 2015//
Appellate Division, Fourth Department – Child Custody – Relocation – Distance and Economic Necessity
Hill v. Flynn
Appealed from Family Court, Yates County
Background: The respondent mother appealed from an order the denied her permission to relocate with the parties’ child to Tennessee.
Ruling: The Appellate Division affirmed. The court held that it was not in error to consider how the child at issue will be affected by the distance between Yates County and Tennessee. Further, the mother failed to establish the child’s life would be enhanced economically, emotionally and educationally. Indeed, the mother’s main contention was economic necessity, but she failed to establish that the employment that she was offered in Tennessee would last for any significant period of time.
Elizabeth deV. Moelklker of D.J. & A.J. Cirando for the respondent-appellant; Teresa M. Pare, attorney for the child