Rice v. Wightman
| Decision Date | 21 December 2018 |
| Docket Number | CAF 16–02236,1243 |
| Citation | 90 N.Y.S.3d 774,167 A.D.3d 1529 |
| Parties | In the Matter of Jennifer RICE, Petitioner–Respondent–Respondent, v. Michael WIGHTMAN, Respondent–Petitioner–Appellant. |
| Court | New York Supreme Court — Appellate Division |
167 A.D.3d 1529
90 N.Y.S.3d 774
In the Matter of Jennifer RICE, Petitioner–Respondent–Respondent,
v.
Michael WIGHTMAN, Respondent–Petitioner–Appellant.
1243
CAF 16–02236
Supreme Court, Appellate Division, Fourth Department, New York.
Entered: December 21, 2018
D.J. & J.A. CIRANDO, ESQS., SYRACUSE (ELIZABETH deV. MOELLER OF COUNSEL), FOR RESPONDENT–PETITIONER–APPELLANT.
M. KATHLEEN CURRAN, CANANDAIGUA, ATTORNEY FOR THE CHILD.
PRESENT: SMITH, J.P., CARNI, LINDLEY, DEJOSEPH, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously modified on the law by vacating the sixth, seventh, and eighth ordering paragraphs, and as modified the order is affirmed without costs and the matter is remitted to Family Court, Ontario County, for further proceedings in accordance with the following memorandum: In this Family Court Act article 6 proceeding, respondent-petitioner father appeals from an order that, inter alia, modified a prior custody and visitation order by awarding petitioner-respondent mother sole legal and residential custody of the subject child and limiting
the father's visitation with the child to family therapy sessions. The father contends that Family Court abused its discretion in denying his motion to change venue from Ontario County to Seneca County. We reject that contention. At the time the mother commenced this proceeding in Ontario County, the father resided in that jurisdiction, and the prior order that the mother sought to modify was entered in
Ontario County. Thus, venue was proper in Ontario County (see Family Ct. Act § 171 ), and the father failed to demonstrate "good cause" for transferring this proceeding to Seneca County (§ 174; see Matter of Bonnell v. Rodgers, 106 A.D.3d 1515, 1515, 966 N.Y.S.2d 316 [4th Dept. 2013], lv denied 21 N.Y.3d 864, 2013 WL 4790632 [2013] ).
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