Olympic skier Bode Miller’s bicoastal custody battle with the baby mama of his almost 9-month-old son will play out in New York and not in California, according to a ruling yesterday.
A unanimous panel of appellate judges Friday said Miller’s ex-flame Sara McKenna did nothing wrong by moving from California to New York while pregnant with little Samuel, reversing a Manhattan Family Court decision that ordered custody proceedings to be held in California. At the time, a Family Court referee justified the order by calling McKenna’s relocation “unjustifiable conduct.”
A California court previously granted Miller physical custody of Samuel and joint legal custody to him and McKenna.
Miller, a five-time Olympic gold medalist, and McKenna have been locked in a bitter custody battle over their son since his birth last February.
The pair met on a high-priced matchmaking service and dated for three months in San Diego, where McKenna, a former US Marine and firefighter, was living at the time.
After their romance fizzled, the pregnant McKenna moved to New York to attend Columbia University on the GI Bill. Meanwhile, Miller married pro beach volleyball player Morgan Beck while McKenna was carrying his child.
Yesterday’s ruling found Miller to be in “a superior financial position to the mother” and cited New York as little Samuel’s “home state.”
Lawyers for both Miller and McKenna declined to comment.
In June, McKenna told The Post her brief romance with Miller was “the worst mistake of my life” and that he told her to get an abortion. She said Miller, who has a daughter from a previous relationship, couldn’t care less about being a father again.
“He went golfing instead of going to my ultrasound,” McKenna said.