Barthelemy v. Barthelemy

Summary

The New York Appellate Division, Second Department affirmed an order modifying the parties' divorce judgment to award the defendant sole legal and residential custody and permit her to relocate with the children to Florida. The court held that changed circumstances and the children's best interests supported the modification.

Holdings

1. A request to relocate a child constitutes a change in circumstances, requiring the parent seeking to move to demonstrate that the relocation is in the child's best interests.
2. The Supreme Court's determination that changed circumstances justified awarding defendant sole legal and residential custody and permitting relocation with the children to Florida was supported by a sound and substantial basis and was in the children's best interests.

Questions Presented

1. Whether defendant's request to relocate the children to Florida constituted a change in circumstances requiring a best-interests determination.
2. Whether the Supreme Court had a sound and substantial basis to modify the judgment of divorce by awarding defendant sole legal and residential custody, permitting relocation to Florida, and providing plaintiff parental access.

Disposition

affirmed