Citation Numbers: 244 A.D.2d 656, 664 N.Y.S.2d 155, 1997 N.Y. App. Div. LEXIS 11487
Judges: Cardona
Filed Date: 11/13/1997
Status: Precedential
Modified Date: 11/1/2024
Appeal from an order of the Family Court of Tompkins County (Sherman, J.), entered August 7, 1995, which, inter alia, granted respondent’s cross application, in a proceeding pursuant to Family Court Act article 6, for modification of a prior order of custody and visitation.
The parties, who never married, have one child, born in 1991. The child has continuously resided with respondent since birth. In January 1994, the parties agreed to an order awarding custody of the child to respondent with visitation to petitioner. In February 1994, respondent relocated with the child to Nevada without informing petitioner of their whereabouts. In May 1994, petitioner commenced this proceeding to modify custody. Respondent answered and cross-petitioned for an order permitting the child’s relocation. At the outset of the hearing, the parties stipulated to bifurcate the relocation and custody issues. Following the close of testimony, Family Court determined that respondent established “exceptional circumstances” for the move based on economic necessity. The parties then stipulated that custody would remain with respondent pending appeal and subject to a new visitation schedule for petitioner. Petitioner appeals.
Since the trial of this matter, the Court of Appeals has
Mercure, White, Peters and Carpinello, JJ., concur. Ordered that the order is reversed, on the law, without costs, and matter remitted to the Family Court of Tompkins County for further proceedings not inconsistent with this Court’s decision.