Matter of Christine X. v. James Y.

Summary

The New York Appellate Division, Third Department, reviewed two Family Court orders dismissing the grandmother's petitions to modify a custody order and vacate restrictions concerning the maternal grandfather. The court affirmed the April 1, 2024 order as abandoned on appeal but reversed the June 11, 2024 order, holding that the allegations sufficiently stated a potential change in circumstances and remanding for a hearing.

Holdings

1. The grandmother sustained the threshold burden of alleging a change in circumstances sufficient to warrant further review of custody because the children's ages and expressed wishes, the grandfather's extended sobriety, and the proposed resumption of cohabitation could potentially support such a finding.
2. The April 1, 2024 order was affirmed because the appeal was abandoned insofar as the grandmother's arguments did not address that order; the June 11, 2024 order was reversed and the matter remitted for a hearing.

Questions Presented

1. Whether the grandmother's petitions adequately alleged a change in circumstances sufficient to warrant a hearing on modification of the prior custody order.
2. Whether the appeal from the April 1, 2024 order should be reviewed where the grandmother's arguments were not addressed to that order.
3. Whether the June 11, 2024 dismissal should be reversed and the matter remitted for a hearing concerning change in circumstances and the children's best interests.

Disposition

reversed_and_remanded