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IN THE MATTER OF ROTERING v. ROTERING
Appellate Division of the Supreme Court of New York, Second Department.
Apr 26, 2004
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DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
When reviewing a custodial parent's request to relocate, the Family Court's primary focus must be the best interests of the children ( see Matter of Tropea v. Tropea, 87 N.Y.2d 727, 738-739; Kime v. Kime, 302 A.D.2d 564). Here, contrary to the father's contention, the Family Court properly dismissed his petition to relocate to Fargo, North Dakota, with the parties' children, for failure to establish, prima facie, that such relocation was in the best interests of the children.
SMITH, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.
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