Fourth Department - Child custody: Rodriguez v. Young

Daily Record Staff//January 31, 2025//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Child custody — Relocation — Unilateral move

CAF 22-01877

Appealed from Family Court, Erie County

Background: The respondent father appealed from an order that granted the petitioner mother permission to relocate the child to New York City.

Ruling: The Appellate Division affirmed. The court held that while the relocation was unilateral, the relocation analysis is based on the best interests of the child, not to punish the recalcitrant parent. The mother was the primary caregiver and the father’s visitation was sporadic. Further, while the initial move was to be temporary so the mother could care for her mother following cancer treatment, the mother found new, salaried employment in New York City after she had lost her job, apartment, and car due to the COVID-19 pandemic.

Charles J. Greenberg for the respondent-appellant; Deborah K. Jessey, attorney for the child.

Oral argument video