WRIGHT v. DUNHAM (2004)

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

Matter of Jawanda Lee WRIGHT, Petitioner-Appellant, v. Derrick D. DUNHAM, Respondent-Respondent. (Proceeding No. 1.)
Matter of Derrick D. Dunham, Petitioner-Respondent, v. Jawanda L. Wright, Respondent-Appellant. (Proceeding No. 2.)

Decided: December 30, 2004

PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, MARTOCHE, AND HAYES, JJ.

Kathleen H. Valone, Rochester, for Petitioner-Appellant and Respondent-Appellant.

Petitioner-respondent Jawanda Lee Wright (petitioner) appeals from an order that denied her petition seeking to modify the parties' existing custodial arrangement by awarding full custody of the parties' son to her and allowing her to relocate to Virginia with the son. We reject petitioner's contention that Family Court's determination lacks a substantial basis in the record (see generally Matter of Tropea v. Tropea, 87 N.Y.2d 727, 739-742, 642 N.Y.S.2d 575, 665 N.E.2d 145; Matter of Battaglia v. Hopkins, 280 A.D.2d 953, 954, 720 N.Y.S.2d 870). Although the recommendation of the Law Guardian is important, it is not determinative (see Matter of Perry v. Perry, 194 A.D.2d 837, 838, 598 N.Y.S.2d 397). We have reviewed petitioner's remaining contention and conclude that it is without merit.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM:

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