Matter Janice Kelly v. William J. Kelly Book Reviews

Matter Janice Kelly v. William J. Kelly by Supreme Court of New York Book Summary

[132 A.D.2d 977 Page 977] Order unanimously reversed on the law without costs and petition dismissed. Memorandum: The parties were divorced in March of 1985. The judgment awarded custody of their daughter to both parties, with primary physical custody to the mother so long as she remained in the marital residence in Oswego, New York. The father was given regular and frequent visitation under a schedule to be agreed upon, and both parties were restrained from removing the child from New York without prior court approval, except for brief vacation periods. About two months later, the mother filed a petition in Family Court seeking sole custody and permission to relocate the child to Texas, which was then the residence of her fiance. Additional petitions related to custody were filed, and testimony was heard on several dates during the next year. On the final date of the hearing in June 1986, the mother asked to relocate the child, then eight years old, to Virginia, where her fiance then resided. Family Court awarded sole custody to the mother and permitted her to relocate with the child to Virginia.

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