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Christoffersen v. Gingras

Citations: 243 A.D.2d 599; 663 N.Y.S.2d 265; 1997 N.Y. App. Div. LEXIS 10271

Court: Appellate Division of the Supreme Court of the State of New York; October 20, 1997; New York; State Appellate Court

Narrative Opinion Summary

The defendant appeals a portion of a Supreme Court order from Suffolk County, which denied his motion to prevent the plaintiff from relocating with their infant child to Pennsylvania. The appellate court affirms the order, stating that the child's best interests necessitate the plaintiff's relocation, as she has secured employment there. The court notes the defendant's minimal contact with the child and his failure to provide child support. The plaintiff, who has been the primary financial provider, lost her job in Suffolk County and has made unsuccessful efforts to find new employment in the area. The court dismisses the defendant's other arguments as lacking merit.

Legal Issues Addressed

Child Custody and Relocation

Application: The appellate court affirms that relocation is permissible when it aligns with the child's best interests, particularly when the relocating parent has secured employment and has been the primary financial provider.

Reasoning: The appellate court affirms the order, stating that the child's best interests necessitate the plaintiff's relocation, as she has secured employment there.

Employment and Economic Stability in Custody Decisions

Application: The plaintiff's loss of employment in Suffolk County and inability to find new employment in the area were significant factors influencing the court's decision to permit relocation.

Reasoning: The plaintiff, who has been the primary financial provider, lost her job in Suffolk County and has made unsuccessful efforts to find new employment in the area.

Evaluation of Defendant's Arguments

Application: The court dismisses the defendant's additional arguments, finding them without merit, thereby supporting the decision to allow the relocation.

Reasoning: The court dismisses the defendant's other arguments as lacking merit.

Parental Contact and Support Obligations

Application: The court considers the defendant's minimal contact with the child and lack of child support as factors supporting the decision to allow the plaintiff's relocation with the child.

Reasoning: The court notes the defendant's minimal contact with the child and his failure to provide child support.