Matter of David ZZ. v. Amanda YY.

Summary

The Appellate Division, Third Department affirmed an order dismissing the father's petition to modify a prior custody order. The court held that he failed to demonstrate a change in circumstances and that his remaining procedural and evidentiary claims were either unpreserved or without merit.

Holdings

1. A party seeking modification of a prior custody order bears the initial burden of demonstrating a change in circumstances since entry of the order before the court analyzes whether modification would serve the children's best interests.
2. The court did not consider the father's argument that the COVID-19 pandemic constituted a change in circumstances because the argument was raised for the first time on appeal.
3. The father's argument that a mistrial should have been declared was unpreserved because he did not request that relief in Family Court.

Questions Presented

1. Whether the father established a change in circumstances since the 2019 custody order sufficient to warrant consideration of whether modification would serve the children's best interests.
2. Whether the COVID-19 pandemic could be considered a change in circumstances when the argument was raised for the first time on appeal.
3. Whether the father's claims concerning allegedly baseless objections, loss of control of the proceedings, and prejudicial testimony warranted reversal or a mistrial.

Disposition

affirmed