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Law & Mediation Office of Lewis S. Calderon

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Secured reversal of denial of custody relocation.

Matter of Gomez v Martinez, 188 AD3d 682 (2nd Dept. 2020)

In this custody relocation matter, I secured a reversal of Family Court’s denial of relocation on an appeal that I filed on behalf of my 12-year-old client who strongly wanted to relocate to New Jersey to live with his mother.  The appellate division agreed with my argument that Family Court, who rejected the opinion of the forensic evaluator in its entirety, prejudiced the child as there was insufficient information as to the child’s best interests.  The Appellate Division also accepted my argument that since there was no in camera interview, the views of the subject child were not elicited, and an in-camera interview should be conducted.  Based upon my arguments, the Appellate Division sent the case back to Family Court for a new forensic evaluation and an in-camera interview of the child.

http://www.nycourts.gov/reporter/3dseries/2020/2020_06261.htm