New York Court of Appeals

Rosalyn Weiss v. George D. Weiss

February 24, 198152 N.Y.2d 170

Summary

The New York Court of Appeals affirmed the Appellate Division's injunction barring the mother from relocating with the child to Nevada, holding that the relocation would unduly impair the father's visitation rights and was not justified by any exceptional circumstances. Justice Meyer, in a concurring opinion, argued that the custodial parent’s right to determine residence and the child’s education should receive greater weight and that the move could be accommodated by adjusting visitation.