From Casetext: Smarter Legal Research

Giraldo v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 2008
49 A.D.3d 645 (N.Y. App. Div. 2008)

Opinion

No. 2006-06196.

March 11, 2008.

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Queens County (DePhillips, J.), dated May 31, 2006, as, after a hearing, denied her motion to relocate to Florida with the parties' child and directed the parties to engage in mediation.

Yisroel Schulman, New York, N.Y. (Christina Brandt-Young of counsel), and Anna Maria Diamanti, Brooklyn, N.Y., for appellant (one brief filed).

Meryl L. Kovit, Jamaica, N.Y., for respondent. John C. Macklin, New Hyde Park, N.Y., Law Guardian for the child.

Before: Rivera, J.P., Miller, Dillon and Belen, JJ.


Ordered that the order is modified, on the law, by deleting the provision thereof directing the parties to engage in mediation; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

When reviewing a custodial parent's request to relocate, the court's primary focus must be on the best interests of the child ( see Matter of Tropea v Tropea, 87 NY2d 727, 739; Kime v Kime, 302 AD2d 564; Harmon v Harmon, 254 AD2d 456). Furthermore, "`[s]ince the Family Court's . . . determination is largely dependent upon an assessment of the credibility of the witnesses and upon the character, temperament, and sincerity of the parents, its determination should not be disturbed unless it lacks a sound and substantial basis in the record'" ( Matter of Grossman v Grossman, 5 AD3d 486, 486-487, quoting Matter of Plaza v Plaza, 305 AD2d 607, 607).

The Family Court, upon weighing the appropriate factors set forth in Matter of Tropea v Tropea ( 87 NY2d 727), properly determined that relocation was not in the child's best interests. Also, contrary to the mother's contention, the Family Court considered her allegations of domestic violence in making its determination ( see Domestic Relations Law § 240).

Under the circumstances of this case, the Family Court erred in directing the parties to engage in mediation.

The mother's remaining contentions are without merit.


Summaries of

Giraldo v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 2008
49 A.D.3d 645 (N.Y. App. Div. 2008)
Case details for

Giraldo v. Gomez

Case Details

Full title:In the Matter of JOSE GIRALDO, Respondent, v. ALBA GOMEZ, Appellant

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

Date published: Mar 11, 2008

Citations

49 A.D.3d 645 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2151
852 N.Y.S.2d 842

Citing Cases

Sahagun v. Alix

ORDERED that the order is affirmed, without costs or disbursements. Contrary to the contention of the father,…

In re Harding

"To modify an existing custody arrangement, there must be a showing of a change in circumstances, and the…