Summary
The court unanimously affirmed an order granting the father's petition to modify a prior custody order and agreement, awarding him sole legal and physical custody of the children. The court held that a change in circumstances and the children's best interests supported the modification and that supervised visitation for the mother was appropriate based on evidence of neglect and continuing destructive behavior.
Holdings
- The Family Court properly determined that a change in circumstances had occurred warranting modification of the prior custody order.
- Awarding the father sole legal and physical custody was in the children's best interests.
- The Family Court properly ordered supervised visitation for the mother.
Questions Presented
- Whether a change in circumstances warranted modification of the prior custody order and the parents' 2008 custody agreement.
- Whether awarding the father sole legal and physical custody was in the children's best interests.
- Whether supervised visitation for the mother was in the children's best interests.
Disposition
affirmed
Cases Cited (3)
- Matter of Wilson v. McGlinchey, 2 N.Y.3d 375, 380-381 (2004)(followed)
- Matter of Carl T. v. Yajaira A.C., 95 A.D.3d 640, 641-642 (1st Dep't 2012)(followed)
- Matter of Arelis Carmen S. v. Daniel H., 78 A.D.3d 504 (1st Dep't 2010), leave to appeal denied, 16 N.Y.3d 707 (2011)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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