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Edward C. v. Latoya P.

Appellate Division of the Supreme Court of the State of New York
Apr 29, 2021
193 A.D.3d 637 (N.Y. App. Div. 2021)

Opinion

13688 Index No. V-2720-14/18B V-14346-14/18B Case No. 2020-02879

04-29-2021

In the Matter of EDWARD C., Petitioner–Respondent, v. LATOYA P., Respondent–Appellant.

Andrew J. Baer, New York, for appellant. Edward C., respondent pro se. Janet Neustaetter, The Children's Law Center, Brooklyn (Laura Solecki of counsel), attorney for the child.


Andrew J. Baer, New York, for appellant.

Edward C., respondent pro se.

Janet Neustaetter, The Children's Law Center, Brooklyn (Laura Solecki of counsel), attorney for the child.

Webber, J.P., Singh, Gonza´lez, Shulman, JJ.

Order, Family Court, Bronx County (Jennifer S. Burtt, Referee), entered on or about April 28, 2020, which, inter alia, granted petitioner father's application to relocate to Florida with the parties' minor child, unanimously affirmed, without costs.

The Referee's determination that the child's best interests would be served by granting the father's relocation application has a sound and substantial basis in the record (see Matter of Tropea v. Tropea, 87 N.Y.2d 727, 740–741, 642 N.Y.S.2d 575, 665 N.E.2d 145 [1996] ). There is sufficient evidence to support the father's claim that there will be economic and educational benefits to the child, as well as an extended network of family members to provide support. The mother, who only sporadically exercised her court-ordered parenting time with the child for more than two years before this proceeding, has substantial visitation with the child in New York and regular telephone contact to continue a meaningful relationship ( id. at 742, 642 N.Y.S.2d 575, 665 N.E.2d 145 ; Matter of Tracy A.G. v. Undine J., 105 A.D.3d 1046, 1048, 963 N.Y.S.2d 383 [1st Dept. 2013] ).


Summaries of

Edward C. v. Latoya P.

Appellate Division of the Supreme Court of the State of New York
Apr 29, 2021
193 A.D.3d 637 (N.Y. App. Div. 2021)
Case details for

Edward C. v. Latoya P.

Case Details

Full title:In the Matter of Edward C., Petitioner-Respondent, v. Latoya P.…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Apr 29, 2021

Citations

193 A.D.3d 637 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 2593
147 N.Y.S.3d 580

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