Harrison v. Harrison / https://law.justia.com/cases/new-york/other-courts/2020/2020-ny-slip-op-51251-u.html
Oct 20, 2020OUTCOME: Judgment for client of Krieger Family Law - child to be returned to Mother's care.
Harrison v. Harrison See the case decision at: https://law.justia.com/cases/new-york/other-courts/2020/2020-ny-slip-op-51251-u.html Summary: Representation of Mother/Custodial Parent ... by Krieger Family Law in a hotly contested petition to modify physical residency from TX to NY, based on alleged corporal discipline and other allegations. The court sitting in Rochester agreed with Counsel for Mother's legal argument that the allegations did not pass muster - child returned forthwith to Mother's residency in TX. Judge Dollinger wrote for the court: "Determining where a child resides when the parents have a dispute over disciplining the child and live half a continent apart is a daunting challenge for a judge. In New York, a parent seeking a change in residence needs to establish, as a threshold determination, that a preponderance of evidence demonstrates a substantial change in circumstances. Because in this matter, the credible proof fails to meet that stringent standard, the original agreed primary residence order and agreement remain in effect and the petition to change it must be dismissed." See the full case at: 69 Misc. 3d 1210, 2020 N.Y. Slip Op. 51251, 132 N.Y.S.3d 276 (N.Y. Sup. Ct. 2020) https://casetext.com/case/harrison-v-harrison-181
