SAMANTHA J.M. v. ANTHONY T.C.

78794

41 Misc.3d 579 (2013)

971 N.Y.S.2d 180

2013 NY Slip Op 23288

In the Matter of SAMANTHA J.M., Petitioner, v. ANTHONY T.C., Respondent.

Family Court, Monroe County.

Decided August 23, 2013.


Attorney(s) appearing for the Case

Ted A. Barraco for petitioner.

Kelly M. Ciccone for respondent.

Kathleen L. Perrault , Attorney for the Child.


OPINION OF THE COURT

PATRICIA E. GALLAHER, J.

Before the court is the interesting issue of whether this is a

relocation case, governed by the Tropea factors, when brought approximately seven months after the mother moved five hours away with the child. The relevant stipulated order, giving 50/50 shared residency, had not determined who had primary physical residence but identified the father's residence as controlling for educational purposes...

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