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Marriage of Soldenski

Case Conclusion Date: 01.01.2012

Practice Area: Child Custody

Outcome: Father prevailed by framing the issue narrowly and presenting extensive supporting data. The child is thriving in his new environment.

Description: Father sought to have his 10 year old son reside with him and attend school near him. The parties shared joint custody, but Mother had been the primary custodian since birth. Family Court Services recommended no change of residence or school. On cross-examination of the FCS mediator, Father established that FCS failed to consider anything other than the stability of the existing arrangement in making its recommendation. Father presented extensive data about the neighborhood crime statistics, difference in the quality of schools, and other environmental factors affecting the child's best interests. This, coupled with the child's expressed desire to reside with Father resulted in a change of residence and school.

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