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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

Won affirmance of order denying mother’s petition for custody and to relocate with child to Florida.

Matter of Sylvain v Paul, 68 AD3d 883 (2nd Dept 2009)

In this appeal by the mother from a denial of her petition for custody of the child and permission to relocate with the child to Florida, the Second Department accepted my argument that there was a sound and substantial basis in the record for the Family Court’s determination as I demonstrated that the mother’s claims that the schools in Florida were better than those in New York and that she had a greater possibility of gaining employment in Florida were not substantiated by any evidence in the record and that the mother failed to establish that her request for relocation should be granted based on economic necessity. The Court further accepted my argument that the mother’s desire to move to Florida to live with her new husband, who resided in Florida where he was employed as a truck driver, was not, under the circumstances of this case, a sufficient justification to warrant relocating the child away from his father and the father’s extended family, with whom the child has strong, loving relationships.

http://www.nycourts.gov/reporter/3dseries/2009/2009_09238.htm