Quintanilla v. Morales

Summary

The Appellate Division affirmed an order modifying a prior custody arrangement to award the father sole legal and physical custody. The court held that the Family Court properly found a sufficient change in circumstances and that the modification was supported by a sound and substantial basis in the record.

Holdings

1. The Family Court properly found a sufficient change in circumstances requiring modification of custody to protect the child's best interests, and its award of sole legal and physical custody to the father was supported by a sound and substantial basis in the record.
2. The father's contention that the mother's visitation should be modified was not properly before the Appellate Division because the father did not appeal.

Questions Presented

1. Whether the Family Court properly modified the existing custody arrangement based on a sufficient change in circumstances and the child's best interests.
2. Whether the mother's challenge to the custody determination should be rejected because the Family Court's findings had a sound and substantial basis in the record.
3. Whether the father's request to modify the mother's visitation was properly before the Appellate Division when the father had not appealed.

Disposition

affirmed