New York Court Addresses the Revisiting of a Child Custody Order

You can revisit a child custody order in the State of New York, but you need to show that your circumstances have changed significantly, or the courts will refuse to hear your case. That’s precisely what happened in the case of Lubrico v. Lubrico, 213 A.D.3d 666 (2d Dep’t 2023). In this article, the Westchester County, NY, child custody attorneys at the Law Office of Robert S. Sunshine will discuss the case and how it applies to custody modifications in New York.

Background of the case 

The parents were divorced by judgment entered on May 16, 2019, which incorporated, without merging, their stipulation awarding joint legal custody, with the mother having sole residential custody and the father having defined periods of parental access.

In August 2020, the father filed a petition in Family Court (Suffolk County) seeking to modify the custody provisions. Specifically, the father wanted to be awarded sole residential custody of the children.

After a hearing, the Family Court granted the father’s request. The mother appealed the decision.

The legal issue then became: Was there a sufficient change in circumstances to justify modifying custody in the first place? Remember, you have to prove that a “substantial change” in circumstances occurred to warrant reviewing a custody arrangement. The mother claimed that no such substantial change occurred. She also questioned whether awarding the father sole residential custody of the children was in the children’s best interests.

Understanding the rule

Modifying an existing court-ordered custody agreement requires the parent to prove two elements.

• A substantial change in circumstances since the prior order, and
• The modification is necessary to protect the best interests of the children

To determine if the change is in the best interests of the children, the standard requires evaluating the totality of circumstances. Trial court findings, particularly those regarding credibility, temperament, and character of the parties, are granted great deference and will not be overturned unless lacking a sound and substantial basis.

The appeal and outcome of the case

The Second Department affirmed the Family Court’s order, finding that:

• The record demonstrated a change in circumstances warranting the transfer of residential custody from the mother to the father.
• The court’s determination that awarding the father sole residential custody was in the children’s best interests had a sound and substantial basis and thus would not be disturbed on appeal.

Talk to a Westchester County, NY, Family Law Attorney Today 

The Westchester County child custody attorneys at the Law Office of Robert S. Sunshine represent the interests of parents who are looking to modify their custody arrangement. Call our office today to schedule an appointment and learn more about how we can help.

Source:

law.justia.com/cases/new-york/appellate-division-second-department/2023/2021-09482.html