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Matter of Wheaton v. Anderson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 929 (N.Y. App. Div. 1996)

Opinion

February 2, 1996

Appeal from the Steuben County Family Court, Bradstreet, J.

Present — Green, J.P., Lawton, Fallon, Callahan and Doerr, JJ.


Order unanimously affirmed without costs. Memorandum: Respondent met her burden of demonstrating that exceptional circumstances justify her relocation to Iowa with the parties' child (see, Matter of Pecorello v. Snodgrass, 142 A.D.2d 920, appeal dismissed 72 N.Y.2d 1039). The record supports Family Court's determinations that the relocation was prompted by economic necessity rather than economic betterment (see, Matter of Daniels v Daniels, 224 A.D.2d 931 [decided herewith]; Matter of Raybin v Raybin, 205 A.D.2d 918, 919-920) and that the child's best interests will be served by continuing custody with respondent (see, Matter of Daniels v. Daniels, supra; Ladizhensky v Ladizhensky, 184 A.D.2d 756, 758).


Summaries of

Matter of Wheaton v. Anderson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 2, 1996
224 A.D.2d 929 (N.Y. App. Div. 1996)
Case details for

Matter of Wheaton v. Anderson

Case Details

Full title:In the Matter of SCOTT WHEATON, Appellant, v. CAROL W. ANDERSON, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 2, 1996

Citations

224 A.D.2d 929 (N.Y. App. Div. 1996)
638 N.Y.S.2d 379

Citing Cases

Matter of Daniels v. Daniels

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