Ferris v. Formato

Summary

The New York Appellate Division, Second Department affirmed an order awarding the petitioner sole legal custody and primary residential custody of the parties’ child. The court held that a substantial change in circumstances warranted modification of the prior custody arrangement and that the determination was supported by a sound and substantial basis in the record; the appellant’s judicial-bias claim was unpreserved and lacked merit.

Holdings

1. A custody agreement will not be set aside unless there has been a sufficient change in circumstances since the stipulation and modification is in the child's best interests. The parties did not dispute that a substantial change in circumstances warranted modification, and the evidence supported the requested modification.
2. The award of sole legal custody and primary residential custody to the petitioner was supported by a sound and substantial basis in the record and therefore was properly affirmed.
3. The appellant's bias claim was unpreserved because he did not object or move for recusal. In any event, the record did not show that the court was biased or that any alleged bias unjustly affected the result.

Questions Presented

1. Whether a substantial change in circumstances and the child's best interests supported modification of the stipulated custody and parental-access provisions of the Connecticut judgment of divorce.
2. Whether the Supreme Court's award of sole legal custody and primary residential custody to the petitioner had a sound and substantial basis in the record.
3. Whether the appellant's claim that the Supreme Court was biased was preserved for appellate review and, if considered, whether any bias unjustly affected the result.

Disposition

affirmed