AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

In the Matter of JOSHUA SEYLER, Respondent, v. SARA HASFURTER, Appellant.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent mother appeals from an order that dismissed her petition seeking permission for the parties' son to relocate with her to Texas. We affirm. A parent seeking such permission has the burden of demonstrating by a preponderance of the evidence that the proposed relocation is in the child's best interests ( see Matter of Tropea v Tropea, 87 NY2d 727, 741). We conclude that Family Court properly considered the relevant factors set forth in Tropea in dismissing the petition. Those factors include the mother's failure to establish that the lives of the mother and the child "may be enhanced economically, emotionally and educationally [to any degree] by the move," and the mother's failure to establish that the child's relationship with petitioner father would be preserved despite the proposed relocation ( id. at 741; cf. Matter of Scialdo v Cook, 53 AD3d 1090, 1092).

Use AI to get other relevant cases.

Comments

SEYLER v. HASFURTER
(Apr 24, 2009)