Matter of Cheung v. Tran

Summary

The Appellate Division, Fourth Department, affirmed an order modifying custody and parenting time to award the father sole legal and primary physical custody of the parties' child. The court held that the mother's challenge to the change-of-circumstances requirement was unpreserved and, in any event, that the father established changed circumstances and that the custody award was supported by a sound and substantial basis in the record.

Holdings

1. The mother's contention that the father failed to establish a change in circumstances warranting review of the prior custody order was not preserved for appellate review.
2. Even assuming the issue was preserved, the father met his burden of establishing a change in circumstances sufficient to warrant an inquiry into whether a change in custody was in the child's best interests.
3. The award of sole legal and primary physical custody to the father was in the child's best interests and was supported by a sound and substantial basis in the record.

Questions Presented

1. Whether the mother's challenge to the father's failure to establish a change in circumstances was preserved for appellate review.
2. Whether, notwithstanding the preservation issue, the father established a change in circumstances sufficient to warrant review of the prior custody order.
3. Whether the record provided a sound and substantial basis for awarding the father sole legal and primary physical custody as being in the child's best interests.

Disposition

affirmed