Sidorowicz v. Sidorowicz

Summary

The Appellate Division held that the father failed to establish a change in circumstances requiring modification of the existing custody arrangement. It concluded that the Family Court lacked a sound and substantial basis for awarding the father sole legal and residential custody because it insufficiently considered the children’s stability, their relocation, the strained father-child relationship, and one child’s stated preference to remain with the mother.

Holdings

1. A party seeking modification of an existing custody arrangement must show a change in circumstances such that modification is required to ensure the continued best interests of the child.
2. The Family Court's determination awarding the father sole legal and residential custody lacked a sound and substantial basis in the record and could not be upheld.

Questions Presented

1. Whether the father established a change in circumstances requiring modification of the existing custody arrangement to ensure the children's continued best interests.
2. Whether the Family Court's custody determination had a sound and substantial basis in the record.

Disposition

reversed