MICHAELS v. MICHAELS (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Gregory MICHAELS, Appellant, v. Mary MICHAELS, Respondent.

Decided: February 10, 1999

PRESENT: GREEN, J.P., PINE, WISNER, PIGOTT, Jr., and CALLAHAN, JJ.

Norman J. Chirco, Auburn, for Petitioner-Appellant. Martin E. Muehe, Canandaigua, for Respondent-Respondent. Florence Ramsey, Camillus, for Law Guardian.

The record supports Family Court's denial of the petition in which petitioner sought custody of the parties' children. The children have always resided with respondent, and there is no evidence that continuing to reside with her is not in their best interests. Contrary to the contention of petitioner, he has not been deprived of meaningful access to the children by respondent's relocation to a town less than 30 miles from petitioner's residence (see, Matter of Schouten v. Schouten, 155 A.D.2d 461, 462, 547 N.Y.S.2d 126, lv. denied 74 N.Y.2d 616, 549 N.Y.S.2d 961, 549 N.E.2d 152; Murphy v. Murphy, 145 A.D.2d 857, 535 N.Y.S.2d 844).

Order unanimously affirmed without costs.

MEMORANDUM:

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