Mother failed to establish, prima facie, that her proposal to relocate to Arizona with the parties’ children was in their best interest, as required to survive father’s motion to dismiss her petition to modify custody provisions in stipulation of settlement incorporated but not merged into the parties’ judgment of divorce, so as to allow her to relocate from New York to Arizona with the children; mother, an unemployed educator, testified she received job offer in Arizona, contingent on her obtaining reciprocal certification, but she did not say what salary she expected to earn, and her second husband, who had secure job in New York earning between $60,000 and $80,000, annually, did not have job waiting for him in Arizona, and there was no evidence as to whether the children wanted to move.
http://www.courts.state.ny.us/reporter/3dseries/2014/2014_00505.htm
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.
