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Caroll v. Carroll

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1995
215 A.D.2d 623 (N.Y. App. Div. 1995)

Opinion

May 22, 1995

Appeal from the Supreme Court, Suffolk County (Dunn, J.).


Ordered that the order is affirmed, with costs.

Pursuant to the parties' judgment of divorce, the defendant was given exclusive custody of the parties' two children, while the plaintiff was awarded limited visitation amounting to approximately 21 days a year, including two weeks in the summer. The plaintiff never sought to modify this judgment to obtain more frequent or regular visitation with his children, nor did he consistently take advantage of even these limited visitation rights (cf., Bonfiglio v Bonfiglio, 134 A.D.2d 426). Under the circumstances, where the plaintiff's right to limited visitation remains unaffected by the defendant's relocation to the State of Florida with her new husband, the Supreme Court properly denied the plaintiff's petition to restrain that relocation (cf., Matter of Radford v Propper, 190 A.D.2d 93). Bracken, J.P., Joy, Friedmann and Florio, JJ., concur.


Summaries of

Caroll v. Carroll

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1995
215 A.D.2d 623 (N.Y. App. Div. 1995)
Case details for

Caroll v. Carroll

Case Details

Full title:CHRISTOPHER C. CAROLL, Appellant, v. DONNA J. CARROLL, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 22, 1995

Citations

215 A.D.2d 623 (N.Y. App. Div. 1995)
628 N.Y.S.2d 316

Citing Cases

Coats v. Coats

In Texas, too, the courts have, in several cases, reached similar results. (Carroll v. Caroll, 20 Tex. 732;…