Summary
This Appellate Division decision affirms a Nassau County Family Court order modifying a prior custody arrangement. The court granted the father residential custody and final decision-making authority while denying the mother's petition to relocate with their child to New York City. Relying on the best interests of the child standard, the appellate court found substantial evidence supporting the trial court's determination that the father could provide greater stability and that joint decision-making was no longer viable.
Topics
Practice areas
Questions Presented
- Whether the Family Court erred in finding a change in circumstances that justified modifying custody and awarding the father residential custody.
- Whether the Family Court erred in denying the mother's petition to relocate with the child.
Holdings
- The Family Court's determination that a change in circumstances warranted awarding the father residential custody and final decision‑making authority was supported by a sound and substantial basis in the record; the order is affirmed.
- The denial of the mother's relocation request was proper because the father demonstrated that awarding him residential custody better served the child's best interests.
Key quotations
“"In order to modify an existing custody arrangement, there must be a showing of a subsequent change in circumstances such that modification is required to protect the best interests of the child" (Matter of Jones v. Jones, 231 AD3d 829, 830).”
“"Similarly, a parent seeking to relocate with a child bears the burden of establishing by a preponderance of the evidence that the proposed move would be in the child's best interests" (Matter of Brown v. McGhee, 227 AD3d 983).”
Factual background
Joshua Davis and Theresa‑Marie Perry share a child born in 2018. The parties entered a consent order on April 28, 2021 granting joint legal custody, mother residential custody, and prohibiting relocation more than 10 miles from the father's residence. In 2023 the father sought to modify custody, and the mother sought permission to relocate to New York City. The Family Court found a change in circumstances and awarded the father residential custody and final decision‑making authority, denying the mother's relocation request.
Procedural history
The Family Court, Nassau County, entered a consent order on April 28, 2021 granting joint legal custody, mother residential custody, and a 10‑mile relocation restriction. In April 2023 the father petitioned to modify custody; in June 2023 the mother petitioned to relocate to New York City. The Family Court granted the father's petition, awarding him residential custody and final decision‑making authority and denied the mother's relocation request. The mother appealed.