Summary
The Appellate Division, Third Department reviewed a Family Court order modifying a prior custody and visitation arrangement between the parents of three children. The court affirmed the lower court's decision, concluding that the evidence established a sufficient change in circumstances and that the modified parenting schedule was in the best interests of the children. The father's appeal was dismissed without costs.
Topics
Practice areas
Questions Presented
- Whether a sufficient change in circumstances occurred to warrant modification of the custody arrangement
- Whether the Family Court’s parenting schedule was within its broad discretion and entitled to deference
Holdings
- The record supports a finding that a change in circumstances occurred, justifying modification of the custody and visitation schedule.
- The Family Court’s parenting schedule is well within its broad discretion and is entitled to great deference.
Key quotations
“Family Court has broad discretion in fashioning a parenting schedule that is in the best interests of the children, and it is well settled that the court's findings in this regard are entitled to great deference unless they lack a sound and substantial basis in the record.” (at 175 AD3d 1625)
“We find that the modified arrangement was well within the court's broad discretion in fashioning a parenting schedule that is in the best interests of the children.” (at 186 AD3d 950)
Factual background
The parents are the mother (petitioner) and father (respondent) of three children born in 2006, 2008, and 2012. A 2020 order gave the father sole custody with limited parenting time to the mother. In 2021 the mother’s parenting time was expanded. In 2022 the mother sought joint custody and further increased time. The Family Court held that a change in circumstances existed and modified the schedule to give the mother alternate weekends, equal school breaks, and shared holidays.
Procedural history
Family Court modified a prior custody order, granting the father sole custody but expanding the mother’s parenting time. The father appealed the modification.