Attorney Bryan L. Salamone Wins Unique and Difficult Relocation Case

Melville, NY (PRWEB) August 19, 2011

In an unprinted decision before Judge Stack of the Nassau County Family Court, Bryan L. Salamone & Associates, P.C. represented the mother (hereinafter referred to as “G.C.”) of a four-year-old child against a father who was involved in the child’s care and custody (hereinafter referred to as “K.V.”).

The case, Docket No. V-1450-11/11A, was unique in its facts. K.V. was very involved in the child’s life, seeing the child between three and five times per week. K.V. saw the child some weeks on a daily basis and had every single weekend as his unobstructed visitation time. K.V. had joint custody, as well.

G.C. wanted to move to Buffalo, NY with the child and obtain similar employment there, in order to escape the high cost of living on Long Island. The petitioner offered convincing testimony under direct examination by Salamone, centered on the difference in costs for Long Island and the Buffalo area, including automobile insurance, daycare, rent, and other expenses, and the judge gave it weight when considering the relocation request.

The cross-examination of K.V. by Salamone was also very effective. K.V. displayed selective amnesia according to the presiding judge when it came to issues such as the amounts he paid G.C. in co-payments and medical costs in a month, yet clearly remembered the exact number of overnights and number of hours spent with the child over the same period of time. The judge quoted directly from the cross-examination when handing down his decision.

The judge stated in this case that relocation by a residential parent does not require a substantial change in circumstances in order to be given consideration by the court, per Chancer v. Stolow, 5 A.D.3d 1082 (4th Dept. 204). He applied the factors of Tropea v. Tropea, 87 NY2d 727 (1996) and granted relocation to G.C. According to Long Island divorce lawyer Salamone, “the judge further stated (that) technological developments allow Skype transmissions, so that father and child can regularly both see and hear each other.” The firm of Bryan L. Salamone & Associates, P.C. is one of the first firms to have Skype transmissions set forth as a legitimate form of visitation, successfully utilizing this argument for more than two years.

Bryan L. Salamone & Associates, P.C. has reported cases both for and against relocation, and can present a case in either direction. They offer free consultations and reasonable rates. For more information about Bryan L. Salamone & Associates, please go to http://www.divorcelawyerlongisland.com or call 631.424.3597.

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