Summary
The Supreme Court of the State of New York, Appellate Division, Fourth Department, reversed an order dismissing a mother's amended petition to modify custody. The court held that Family Court abused its discretion by denying the mother's request for a Lincoln hearing before ruling on the father's motion to dismiss, and remitted the matter for further proceedings and a new determination.
Holdings
- Family Court abused its discretion by denying the mother's request for a Lincoln hearing. Under the circumstances, the hearing would have provided significant information needed for a sound determination of the alleged change in circumstances.
- The order dismissing the amended petition was reversed, the amended petition was reinstated, and the matter was remitted to Family Court for further proceedings and a new determination.
Questions Presented
- Whether Family Court abused its discretion by denying the mother's request for a Lincoln hearing before granting the father's motion to dismiss her custody-modification proceeding.
- Whether the matter should be remitted for further proceedings and a new determination on the amended petition.
Disposition
reversed_and_remanded
Cases Cited (9)
- Matter of Yeager v Yeager, 110 AD3d 1207, 1209-1210(followed)
- Matter of Minner v Minner, 56 AD3d 1198, 1199(followed)
- Matter of Walters v Francisco, 63 AD3d 1610, 1611(applied by analogy)
- Matter of Lincoln v Lincoln, 24 NY2d 270, 271-274(followed)
- Matter of Jessica B. v Robert B., 104 AD3d 1077, 1078 n(followed)
- Matter of Nelson v Morales, 104 AD3d 1299, 1300(followed)
- Matter of Stramezzi v Scozzari, 106 AD3d 748, 749-750(followed)
- Matter of Oddo v Collins, 100 AD3d 1512, 1512-1513(followed)
- Matter of Flood v Flood, 63 AD3d 1197, 1199(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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