Appeal from an order of the Family Court of Delaware County (Becker, J.), entered May 8, 2006, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, for modification of a prior order of custody.
Petitioner and respondent are the biological parents of a son (born in 1994). In March 1998, they entered into a custody and visitation stipulation, later reduced to an order dated April 14, 1998, which, among other things, granted joint legal custody
To support an application for relocation, the movant must demonstrate, by a preponderance of the evidence, that the proposed move would be in the best interests of the child (see Matter of Tropea v Tropea, 87 NY2d 727, 741 [1996]; Matter of Armstrong v Crout, 33 AD3d 1079, 1080 [2006]; Matter of Smith v Hoover, 24 AD3d 1096, 1096 [2005]). In making such a determination, numerous factors will be considered (see Matter of Tropea v Tropea, supra at 741) and, if that determination is supported by a sound and substantial basis in the record, it will not be disturbed (see Matter of Smith v Hoover, supra at 1097; Matter of Leach v Santiago, 20 AD3d 715, 716 [2005], lv denied 6 NY3d 702 [2005]).
Here, petitioner, a massage therapist, presented evidence that she earns approximately $200 per week in Vestal, but earns approximately $600 per week by working weekends in Pennsylvania. Since the December 2004 order of custody, petitioner has been offered a full-time job in Philadelphia where she will earn approximately $1,200 a week without working weekends. In addition, her fiancé is a chemical engineer who works in Pennsylvania earning approximately $63,000 per year. Both of them testified as to their numerous unsuccessful attempts to gain similar employment in New York. Petitioner further testified that if she were allowed to relocate, she would be more available to address her son’s educational and emotional needs stem
Respondent greatly opposed the move, alleging an attempt to alienate the child’s affections. He contended that prior to petitioner’s move to Vestal, he enjoyed visitation every other weekend and Thursdays and Fridays of each week. Since the move to Vestal, however, the consistency of the midweek visitation changed due to the distance. Respondent detailed the activities that he and his son enjoyed together and how all of the child’s extended family lives in his area. Recognizing the extensive testimony supporting respondent’s close relationship with the child we, nonetheless, find that a preponderance of the evidence supports Family Court’s determination that the proposed relocation would serve the child’s best interests.
Respondent’s petition for sole custody was fully considered by Family Court. Its determination denying such relief was soundly supported by this record.
Cardona, P.J., Mercure, Crew III and Carpinello, JJ., concur. Ordered that the order is affirmed, without costs.
We note, however, that since all of the child’s extended family still live within 10 miles of respondent’s home, we encourage extended visitation whenever possible as permitted by Family Court’s order.
