Justice Jeffrey Goodstein

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Mother JL moved to modify father’s existing visitation schedule with the parties’ child, JRL, due to mother’s request to relocate with the child to Florida. A custody agreement provided that mother had sole legal and residential custody of JRL. She testified father did not exercise his visitation with the child, claiming he spent only about 16 hours a month with JRL, and was nearly $100,000 in child support arrears. The court noted father spent approximately 16 hours a month with JRl, with no overnight or midweek visits, and did not even attempt telephone contact. It stated, based on the evidence presented, mother set forth how JRL’s education, home and child care issues would be resolved in Florida, and mother had numerous family members there willing to assist with child care. Further, the court concluded, after reviewing all the evidence presented, that permitting mother to relocate with JRL to Florida would be in the child’s best interests. Accordingly, the court granted mother’s request to relocate to Florida with JRL. It ruled father was entitled to telephone/Skype/Facetime contact daily, but he must initiate contact. Also, the court stated the cost for JRl’s airfare to and from New York during father’s New York parenting time was mother’s sole responsibility.