Matter of Hernandez v. McGowan

Summary

The Appellate Division, Fourth Department, affirmed a Family Court order modifying the parties' prior custody arrangement. The court held that the record provided a sound and substantial basis for granting the father primary physical residency for educational purposes and reducing the mother's parenting time during the school year.

Holdings

1. Because the parties did not dispute that a change in circumstances sufficient to warrant an inquiry into the child's best interests had occurred, modification of the prior custody order was properly considered.
2. Family Court's determination that it was in the child's best interests to modify the custody arrangement, granting the father primary physical residency for educational purposes and school-night residency during the school year, had a sound and substantial basis in the record.
3. The Appellate Division would not disturb Family Court's custody determination because it was based on an evidentiary hearing and had an evidentiary basis in the record.

Questions Presented

1. Whether Family Court properly modified the prior custody order after the parties alleged a change in circumstances.
2. Whether the record provided a sound and substantial basis for determining that the modified custody arrangement was in the child's best interests.
3. Whether the Appellate Division should disturb Family Court's custody determination based on the evidentiary record.

Disposition

affirmed