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KEVIN MCK. v. ELIZABETH A.E.

10461.

111 A.D.3d 124 (2013)

972 N.Y.S.2d 25

2013 NY Slip Op 6328

In the Matter of KEVIN McK., Respondent, v. ELIZABETH A.E., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 1, 2013.

Attorney(s) appearing for the Case

O'Melveny & Myers LLP, New York City ( Brad M. Elias and Andrew J. Frackman of counsel), for appellant.

Kevin McKeown, respondent pro se.

Andrew J. Baer , New York City, Attorney for the Child.

ANDRIAS, J.P., FRIEDMAN, SWEENY and RICHTER, JJ., concur.

OPINION OF THE COURT

SAXE, J.

In this relocation case, where respondent mother, Elizabeth E., seeks permission to move with the parties' child to Oxford, Mississippi, we are once again confronted with the problem of balancing a child's need for the ongoing presence of both parents in his daily life, with the custodial parent's proven inability to support herself and the child beyond the subsistence level here in New York.

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