Mother Fails to Provide Evidence of Enhancement in Relocation Bid
A recent bid before the Appellate Division, Second District failed when a mother was unable to provide important information to support her desired relocation after a divorce.
In Christy v. Christy, appellant Lisa Christy sought relief from a family court decision that prohibited her from carrying out a proposed relocation with the children of her previous marriage.
In New York, the court maintains authority over the residential location of minor children. Even if two parents agree on relocation, the action must be approved by the court. When relocation is contested, the court must decide the issue in the best interest of the children involved.
In this case, Ms. Christy and her former husband, Brian Christy, have three children. Since the entry of their Judgment of Divorce in June 2012, Ms. Christy has remarried and currently lives with her second husband and his three children. The children of Mr. Christy visit him three weekends per month.
Ms. Christy, an unemployed teacher, sought to relocate to Arizona to pursue a job offer. The job offer to Ms. Christy requires her to recertify as an educator in Arizona. The second husband of Ms. Christy is currently employed in New York and does not have a job offer in Arizona.
In the earlier family court action, Mr. Christy succeeded in his argument to dismiss the petition of Ms. Christy to relocate. The appellate court agreed with him in January of this year for the following reasons:
- No evidence of a potential salary was offered by Ms. Christy.
- No evidence was offered concerning the wishes of the children.
- No evidence was offered to indicate the lives of the children would be economically or emotionally enhanced in Arizona.
- The relationship between the noncustodial parent and the children would be affected.
The importance of effective legal representation when seeking to influence a relocation petition in New York courts cannot be overstated. When you need skilled legal help, call me at Bryan L. Salamone & Associates, P.C.