Knight v. Knight, 105 A.D.3d 741 (N.Y. App. Div. 2013). · Go Syfert
Knight v. Knight, 105 A.D.3d 741 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases · …be enhanced economically, emotionally and educationally at p. 742 ⚠ not in text
3 citation events across 1 distinct court.
Strongest positive: Hill v. Flynn (nyappdiv, 2015-02-06)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Hill v. Flynn
N.Y. App. Div. · 2015 · confidence medium
Indeed, we note that the main factor upon which the mother relied in her request for the relocation 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, and she also failed to establish that she did not have similar opportunities in New York (see Matter of Knight v Knight, 105 AD3d 741, 742 [2013]; Rose v Buck, 103 AD3d 957, 961 [2013]; cf. Matter of Butler v Hess, 85 AD3d 1689, 1690 [2011], lv denied 17 NY3d 713 [2011]).
discussed Cited as authority (rule) Hill v. Flynn
N.Y. App. Div. · 2015 · confidence medium
Indeed, we note that the main factor upon which the mother relied in her request for the relocation 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, and she also failed to establish that she did not have similar opportunities in New York (see Matter of Knight v Knight, 105 AD3d 741, 742 [2013]; Rose v Buck, 103 AD3d 957, 961 [2013]; cf. Matter of Butler v Hess, 85 AD3d 1689, 1690 [2011], lv denied 17 NY3d 713 [2011]).
Retrieving the full opinion text from the archive…
In the Matter of Karen Knight
v.
Charles Louis Knight
Appellate Division of the Supreme Court of the State of New York.
Apr 3, 2013.
105 A.D.3d 741
Hall, Leventhal, Sgroi, Skelos.
Cited by 3 opinions  |  Published

In related custody and visitation proceedings pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Suffolk County (Cheng, J.), dated January 20, 2012, as, after a hearing, denied her petition to modify the custody provisions set forth in[*742] a stipulation of settlement dated March 5, 2010, which was incorporated but not merged into the parties’ judgment of divorce entered February 28, 2011, to allow her to relocate from New York to North Carolina with the subject children.

Ordered that the order is affirmed insofar as appealed from, with costs.

The mother and the father are the divorced parents of two young children. In March 2010, the parties stipulated that they would share joint legal custody of the children, the mother would have primary residential custody of the children, and the father would have visitation. The parties were divorced by judgment entered February 28, 2011, and the stipulation was incorporated but not merged into the judgment of divorce. Less than three months later, the mother commenced a proceeding seeking permission to relocate with the children to North Carolina, where her fiancé was living and working. Thereafter, the father petitioned to modify the custody provisions of the stipulation so as to award him primary residential custody of the children. Following a fact-finding hearing, the Family Court denied the mother’s petition, finding that the proposed move was not in the children’s best interests. It also denied the father’s petition. This appeal by the mother ensued.

“To modify an existing custody arrangement, there must be a showing of a change in circumstances, and the determination of the Family Court must have a sound and substantial basis in the record” (.Matter of Englese v Strauss, 83 AD3d 705, 706 [2011]). A parent seeking to relocate bears the burden of establishing by a preponderance of the evidence that the proposed move would be in the children’s best interests (see Bjornson v Bjornson, 38 AD3d 816 [2007]). In determining whether relocation is appropriate, the court must consider a number of factors, including the children’s relationship with each parent, the effect of the move on contact with the noncustodial parent, the potential enhancement to the custodial parent and the children due to the move, and each parent’s motives for seeking or opposing the move (see Matter of Tropea v Tropea, 87 NY2d 727 [1996]).

Here, the record contains a sound and substantial basis for the Family Court’s denial of the mother’s petition for relocation. The testimony at the hearing revealed that, although the mother has been the primary custodial parent, both parents have a close and loving relationship with the children and have taken an active role in their upbringing and well-being. Further, the mother failed to demonstrate that relocation was warranted based on economic necessity. Since the mother failed to demon[*743] strate by a preponderance of the evidence that the proposed relocation would be in the children’s best interests, there is no basis to disturb the Family Court’s determination to deny her petition.

Skelos, J.E, Leventhal, Hall and Sgroi, JJ., concur.