Summary
The Appellate Division affirmed an order modifying the parties' joint custody arrangement to award the father sole custody of their children. The court held that the record established a change in circumstances and supported the determination that sole custody with the father was in the children's best interests.
Holdings
- An existing custody arrangement may be modified upon a showing of changed circumstances such that modification is required to protect the best interests of the children.
- The Supreme Court's determination awarding the father sole custody was supported by a sound and substantial basis in the record and therefore would not be disturbed.
Questions Presented
- Whether the father established changed circumstances requiring modification of the existing joint-custody arrangement to protect the children's best interests.
- Whether the Supreme Court's award of sole custody to the father lacked a sound and substantial basis in the record.
Disposition
affirmed
Cases Cited (9)
- Matter of Chabotte v. Faella, 77 A.D.3d 749, 749 (N.Y. App. Div. 2010)(followed)
- Trinagel v. Boyar, 70 A.D.3d 816, 816 (N.Y. App. Div. 2010)(followed)
- Matter of Zeis v. Slater, 57 A.D.3d 793, 793-94 (N.Y. App. Div. 2008)(followed)
- Eschbach v. Eschbach, 56 N.Y.2d 167, 171 (1982)(followed)
- Robert C.R. v. Victoria R., 143 A.D.2d 262, 264 (N.Y. App. Div. 1988)(followed)
- Richman v. Richman, 104 A.D.2d 934, 935 (N.Y. App. Div. 1984)(followed)
- Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 94 (1982)(followed)
- Matter of Russell v. Russell, 72 A.D.3d 973, 975 (N.Y. App. Div. 2010)(followed)
- Matter of Tercjak v. Tercjak, 49 A.D.3d 772 (N.Y. App. Div. 2008)(followed)
Cited In (0)
No citing cases on record yet.
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