Matter of Billett v. Gordon

Summary

The New York Appellate Division, Fourth Department, unanimously affirmed an order modifying custody and awarding the father primary physical residence of the child. The court concluded that the totality of the circumstances supported the determination that the change was in the child's best interests, including enrollment in the father's school district.

Holdings

1. Family Court properly modified the prior order because the totality of the circumstances supported a finding that the child's best interests would be served by primary physical residence with the father.
2. Family Court's failure to specify the factors it relied upon did not require reversal because the appellate record was sufficient for the appellate court to make its own best-interests determination.

Questions Presented

1. Whether Family Court properly modified the prior custody and visitation order after an undisputed change in circumstances.
2. Whether the child's best interests supported awarding the father primary physical residence and enrolling the child in the school district where the father lives.
3. Whether Family Court's failure to specify the factors supporting its best-interests analysis required reversal or modification.

Disposition

affirmed