Daniels v. Daniels
Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs and
Even assuming, arguendo, that the extraordinary circumstances test was triggered, petitioner met her burden by demonstrating that her desire to relocate was prompted by economic hardship rather than a desire for mere economic enhancement (see, Matter of Wheaton v Anderson, 224 AD2d 929 [decided herewith]; Matter of Raybin v Raybin, 205 AD2d 918, 919-920; Lavane v Lavane, 201 AD2d 623, 624; Matter of Radford v Propper, supra, at 100). Once extraordinary circumstances to justify the relocation are established, the focus shifts to the best interests of the children (see, Matter of Raybin v Raybin, supra, at 920; Matter of Radford v Propper, supra, at 100). We conclude that petitioner demonstrated that the best interests of the children would be served by the relocation. Presently, the children are living in deplorable conditions and true economic hardship. Their living conditions would improve dramatically with the relocation, as they would live in a four-bedroom home, they would have the support of petitioner’s parents and petitioner would have a job. Nor can we conclude, on the record before us, that respondent’s visitation would be seriously affected by their relocation.
We modify the order, therefore, by reinstating the petition, and we remit the matter to Wayne County Family Court for a hearing to allow respondent an opportunity to present proof that it would not be in the best interests of the children to relocate. The hearing should be expedited and held before a different Judge. Pending the final decision of Family Court, the visitation schedule set forth in the order shall continue. (Appeal from Order of Wayne County Family Court, Strobridge, J. — Relocate.) Present — Green, J. P., Lawton, Fallon, Callahan and Doerr, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.