When Change Matters: Matter of Chad KK. v. Jennifer LL. and Contested Custody in New York

In Matter of Chad KK. v. Jennifer LL., the court delivered a key decision on contested custody modification proceedings. The case illustrates how New York family courts handle requests to modify residential and legal custody, how they evaluate “change in circumstances,”  and the continuing viability of joint legal custody even under dispute.

Background of the case

In this case, the father sought to modify an earlier consent order giving the mother primary residential custody of the children and continuing joint legal custody. The father alleged that since the 2019 order, there had been a change in circumstances, including the mother’s misdemeanor conviction and the children’s attendance issues at school. The Family Court found that a change in circumstances had occurred and amended the arrangement. The mother remained the primary residential custodian, joint legal custody remained in place, but the father received more parenting time.

On appeal, the mother challenged both the finding of a sufficient change in circumstances and the appropriateness of maintaining joint legal custody (rather than moving to a sole-custody model).

The appeal 

The Third Department affirmed much of the lower court’s custodial arrangement but remanded in part regarding the extent of overnight visitation for the younger child. The court emphasized that:

• Accepting the change in circumstances was not contested, so the question became whether the modified arrangement served the children’s best interests.
• Joint legal custody continues to be the preferred arrangement under New York law unless it is shown that the parents are unable to communicate or cooperate in decisions about the children.
• The Family Court’s credibility determinations and factual findings deserve great deference, so long as they have a “sound and substantial basis” in the record.

In applying those principles, the Appellate Division found that although the parents did disagree at times and the father sometimes spoke negatively of the mother, they remained fit parents, could communicate sufficiently, and the record supported continuation of joint legal custody. Hence, the order maintaining joint legal custody was upheld. However, the court remanded the question of whether the younger child’s overnight time-sharing should have been expanded to the father, indicating that specific access modifications still required further inquiry into the best interests factors.

The importance of this case 

This case reinforces several important principles for contested custody in New York:

• A modification of a custody order requires a showing of changed circumstances and proof that the proposed change serves the children’s best interests.
• Even when the parents are in conflict and the custody modification is contested, joint legal custody remains the presumptive norm —  the court will not automatically shift to sole legal or physical custody based solely on disagreement.
• Courts will defer to credibility and factual findings by the trial court, making a thorough evidentiary record (witness testimony, parent conduct, child preferences, school records) critical.
• Access/visitation decisions (such as overnights) remain subject to the best-interest matrix, even when legal custody is not altered.

Talk to a Westchester County, NY, Child Custody Lawyer Today

The Law Office of Robert S. Sunshine represents the interests of New York parents who are in a contested custody battle. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/new-york/appellate-division-third-department/2023/534590.html