Matter of Drivas v. Gaetano

Summary

The Appellate Division, Second Department, affirmed an order modifying a prior custody arrangement to award the father residential custody of the parties' younger child. The court held that a change in circumstances supported the modification and emphasized the child's stated preference, the child's relationships with each parent, and the Family Court's credibility determinations.

Holdings

1. The appeal from the portion of the order awarding the father residential custody of the older child was dismissed as academic because the child had reached age 18.
2. A custody order may be modified upon a subsequent change in circumstances when modification is necessary to protect the child's best interests; the Family Court properly found that this standard was satisfied.
3. The Family Court properly awarded the father residential custody of the younger child because the determination was supported by a sound and substantial basis in the record and was consistent with the child's best interests.

Questions Presented

1. Whether the Family Court properly found a change in circumstances warranting modification of the existing custody arrangement.
2. Whether transferring residential custody of the younger child to the father served the child's best interests.
3. Whether the appeal concerning residential custody of the older child remained justiciable after the child reached age 18.

Disposition

affirmed