Jones v. Nohar

Summary

The New York Supreme Court, Appellate Division, Second Department affirmed an order awarding the father sole physical custody of the child and visitation to the mother. The court held that the Family Court had a sound and substantial basis to find a sufficient change in circumstances and that modification was in the child’s best interests, and it upheld the denial of independent forensic evaluations.

Holdings

1. The Family Court properly modified the custody arrangement because the record supported findings of a sufficient change in circumstances and that awarding the father sole physical custody was in the child's best interests.
2. The Family Court did not improvidently exercise its discretion in declining to direct independent forensic evaluations because it possessed sufficient information to make an informed custody decision consistent with the child's best interests.
3. The mother's remaining contention was unpreserved for appellate review and, in any event, lacked merit.

Questions Presented

1. Whether the Family Court properly found a sufficient change in circumstances and determined that modifying the custody arrangement to award the father sole physical custody was in the child's best interests.
2. Whether the Family Court improvidently exercised its discretion by declining to direct independent forensic evaluations.
3. Whether the mother's remaining appellate contention was preserved for review and, if so, meritorious.

Disposition

affirmed