Harrsch v. Jesser
| Citation | 902 N.Y.S.2d 183,74 A.D.3d 811 |
| Parties | In the Matter of Angela H. HARRSCH, petitioner-respondent, v. Neil JESSER, respondent; Lisa Goldman, as attorney for the children, nonparty-appellant. |
| Decision Date | 01 June 2010 |
| Court | New York Supreme Court Appellate Division |
74 A.D.3d 811
In the Matter of Angela H. HARRSCH, petitioner-respondent,
v.
Neil JESSER, respondent;
Lisa Goldman, as attorney for the children, nonparty-appellant.
Supreme Court, Appellate Division, Second Department, New York.
June 1, 2010.
Lisa Goldman, White Plains, N.Y., as attorney for the children, nonparty-appellant pro se.
Stephen Kolnik, Yonkers, N.Y., for petitioner-respondent.
WILLIAM F. MASTRO, J.P., RANDALL T. ENG, JOHN M. LEVENTHAL, and SHERI S. ROMAN, JJ.
In a proceeding pursuant to Family Court Act article 6, the attorney for the children appeals from an order of the Family Court, Westchester County (Klein, J.), entered May 26, 2009, which, after a hearing, granted that branch of the mother's petition which was for leave to relocate with the parties' children to the State of Washington.
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the contention of the attorney for the children, the mother established by a preponderance of the evidence that relocation to the State of Washington was in the best interests of the parties' three children ( see Matter of Tropea v. Tropea, 87 N.Y.2d 727, 740-741, 642 N.Y.S.2d 575, 665 N.E.2d 145). "[E]conomic necessity ... may present a particularly persuasive ground for permitting the proposed move" ( id. at 739, 642 N.Y.S.2d 575, 665 N.E.2d 145; see Matter of Wirth v. Wirth, 56 A.D.3d 787, 787, 869 N.Y.S.2d 138; Miller v. Pipia, 297 A.D.2d 362, 366, 746 N.Y.S.2d 729; Matter of Malandro v. Lido, 229 A.D.2d 541, 542, 645 N.Y.S.2d 845). The mother demonstrated that she could not meet the family's living expenses in New York and that the father did not make regular child support payments. She also demonstrated that, if she were permitted to relocate, she would receive financial assistance, including assistance in finding employment and housing, from extended family members in the State of Washington, one of whom had offered her an apartment rent free. The desires of the children, while properly considered, are not determinative ( see Matter...
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