| Matter of Mercado v Perez |
| 2008 NY Slip Op 06454 [53 AD3d 661] |
| July 29, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Milagros Mercado, Respondent, v Zet Perez, Appellant. In the Matter of Zet Perez, Appellant, v Milagros Mercado, Respondent. |
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Sergio Villaverde, New York, N.Y., for respondent.
Barbara H. Dildine, Brooklyn, N.Y. (Janet Neustaetter of counsel), attorney for the
child.
Ordered that the order is affirmed, with costs.
The father contends that the Family Court erred in granting the mother permission to relocate to Florida with the parties' two children, and in denying his petition for a change of custody of the parties' children to him. The mother and the attorney for the children contend that continuing custody with the mother and permitting her to relocate to Florida with the children was in the best interests of the children.
The Family Court, which saw and heard the witnesses, had a sound and substantial basis for concluding that the best interests of the children will be advanced by permitting the mother to relocate with them to Florida (see Matter of Tropea v Tropea, 87 NY2d 727 [1996]). Moreover, we agree [*2]with the Family Court that the father failed to establish that there was a change in circumstances such that a change in custody was necessary to ensure the best interests of the children (see Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of Guerra v Balistreri, 49 AD3d 646 [2008]). Rivera, J.P., Lifson, Covello and Balkin, JJ., concur.