MATTER OF DEMETRIUS C.

Docket Nos. NA-32159/14, NA-32160/14. No. V-21946-V21947/15G, H. Appeal No. 15343. Case No. 2020-03938.

202 A.D.3d 586 (2022)

164 N.Y.S.3d 84

2022 NY Slip Op 01115

In the Matter of Demetrius C. and Another, Children Alleged to be Neglected. David C., Appellant; Administration for Children's Services, Respondent. Epifania C., Nonparty Intervenor-Respondent. In the Matter of Epifania C., Respondent, v. David C., Appellant.

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

Decided February 22, 2022.


Attorney(s) appearing for the Case

Rosemary Rivieccio , New York, for appellant.

Carol Kahn , New York, for Epifania C., respondent.

The Law Offices of Salihah R. Denman, PLLC, New York ( Salihah R. Denman of counsel), attorney for the child Demetrius C.

Concur—Renwick, J.P., Kennedy, Scarpulla, Rodriguez, Higgitt, JJ.


Family Court's determination that the mother's relocation with the child to Florida was in the best interests of the child is supported by a sound and substantial basis in the record (see Matter of Tropea v Tropea, 87 N.Y.2d 727, 740-741 [1996]). The mother has had sole custody of the child since 2009 in accordance with a custody order entered on consent. In 2015, the father was charged with sexually abusing the parties' daughter...

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