Lawyers Manual - Unified Court System

120 Liberty Aldrich and Lauren Shapiro
Suffolk County, 1999), a mother was permitted to relocate from New York
to Pennsylvania, in part, because of the father’s physically violent and
intimidating behavior toward her. In Sheridan v Sheridan, 204 AD2d 711
(3d Dept 1994), the court affirmed the lower court’s order of custody even
though the mother had relocated to Puerto Rico without permission. In
Desmond v Desmond, 134 Misc 2d 62 (Family Ct, Dutchess County, 1986),
a trial court permitted a mother’s relocation to allow her to create a more
tranquil environment for herself and her children. Due to the father's
emotional, sexual and physical abuse of the mother, there was little hope that
the parties’ relationship could be “an umbrella of security necessary for
these children’s emotional peace.” Id.
64. See Tropea, 87 NY2d at 740; see also Spencer, 263 AD2d at 785; Lazarevic
v Fogelquist, 175 Misc 2d 343, 346 (Sup Ct, NY County, 1997).
65. See e.g. Miller v Pipia, 297 AD2d362 (2d Dept 2002).
66. See e.g. Matter of L.G. v A.H., NYLJ, Nov. 5, 1998, at 25, col 1 (Fam Ct,
Nassau County).
67. See e.g. Tropea, supra, and F.M. v P.M., NYLJ, Aug. 24, 1998, at 29, col 2
(Sup Ct, Bronx County).
68. Domestic Relations Law § 76-b.
69. Domestic Relations Law § 76-c(1).
70. 2 Misc 3d 801 (Sup Ct, Bronx County, 2003).
71. 18 USC § 1204.