D'Onofrio v. D'Onofrio

Following her divorce from Dominick D’Onofrio, Phyllis D’Onofrio was granted physical custody of the couple’s two children, with Dominick given reasonable visitation rights. At the time of the divorce, both Dominick and Phyllis resided in New Jersey. Phyllis later applied to the court for permission to move to South Carolina with the children. To support her application, Phyllis submitted evidence that she and her children would gain a real advantage by moving to South Carolina. In New Jersey, Phyllis lived in an apartment with expensive rent on a busy street without access to a play area, and she did not have good job opportunities. In South Carolina, Phyllis would live near family who could help with childcare, had a job offer for a good salary, and found an apartment better suited for her children with lower rent. Before the hearing, Dominick’s visitations with his children mostly occurred at his mother’s house, and he usually left them for most of the visits. Dominick refused to take the children overnight despite Phyllis’s requests. Phyllis testified that she would bring her children to New Jersey for visits with Dominick during the summer, at Christmas, and in the spring. Phyllis also testified that when she first approached Dominick about moving, he agreed as long as she would agree that he did not have to pay child support. Over Dominick’s objection, the court granted Phyllis’s application. The court awarded Dominick visitation rights. Dominick appealed.