Matter of Anthony YY. v. Emily ZZ.

Summary

The New York Appellate Division, Third Department affirmed an order modifying joint custody to place the child primarily with the father. The court held that changes in housing, schooling, employment, the child's relationship with the mother, and the child's preference established a change in circumstances and supported the finding that residence with the father was in the child's best interests.

Holdings

1. The father established a change in circumstances because of the mother's repeated housing and employment instability, the resulting relocations and school transfers, the child's difficult relationship with the mother, and the child's desire to live with the father.
2. The modification awarding primary physical residence to the father and weekend parenting time to the mother was in the child's best interests and was supported by a sound and substantial basis in the record.

Questions Presented

1. Whether the father established a change in circumstances sufficient to warrant review of the existing custody arrangement.
2. Whether modifying custody so that the child primarily resided with the father was in the child's best interests and supported by a sound and substantial basis in the record.

Disposition

affirmed