WEISS v. WEISS


52 N.Y.2d 170 (1981)

Rosalyn Weiss, Appellant, v. George D. Weiss, Respondent.

Court of Appeals of the State of New York.

Decided February 24, 1981.


Attorney(s) appearing for the Case

Irwin K. Fingerit for appellant.

Aaron Weitz for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge FUCHSBERG; Judge MEYER concurs in result in a separate opinion.


FUCHSBERG, J.

In this matrimonial action, divorced parents, each devoted to the welfare of their now 11-year-old son, are enmeshed in a dispute over the desire of the mother, custodian of the child, to take the boy with her to Las Vegas, Nevada, where she intends to set up residence as part of a plan to make "a new life" for herself.

Judicial intervention was precipitated when the father, perceiving that...

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