On this proceeding, a husband filed an appeal from an order of the court upon a motion by the wife for permission to relocate with the child to the State of Virginia and his motion to enjoin her relocation and to change custody, however, denied his application for an in-camera interview between the court and the child. A New York Family Lawyer said the man also appealed from the orders of the same court which denied his motion to enjoin the former wife from relocating with the child and for the transfer of child custody to him. He also appealed for the granted motion of the court for his wife for permission to relocate and the awarded custody of the child to the mother and from the awarded counsel fees and expenses to the wife.
The parties were married and filed for their divorced. They had one son and their separation agreement provided for joint custody with each having physical custody of the child during alternating weeks, until the child’s fifth birthday or until he enters kindergarten. Thereafter and for the next three years, the mother was to have weekday custody of the child during the school year and the father was to have custody every weekend. A Nassau County Family Lawyer said that after the child’s eighth birthday or when he entered the third grade, the custody arrangement would be reversed in which the father would have weekday custody during the school year and the mother having custody on the weekends. During the summers, the parent with weekday custody would have custody on the weekends and vice versa.
Moreover, the separation agreement also provided that in the event that such a move becomes necessary, either parent shall have the absolute right to relocate out of New York State to another geographical area, including, but not limited to Boston or Washington, so long as the new residence of that parent is within a one hour direct flight time to or from New York, exclusive of ground travel, plus one hour of ground travel to or from each airport and the residence of each parent, without causing a modification of the custody provisions.