Gregio v. Rifenburg, 3 A.D.3d 830 (N.Y. App. Div. 3d Dep't 2004). · Go Syfert
Gregio v. Rifenburg, 3 A.D.3d 830 (N.Y. App. Div. 3d Dep't 2004). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Cited for
At page 831 Determining custody modification based on child's best interests15 citing casesfor joint custody of the parties’ son (born in 1992) with residential custody to respondent. In view of respondent’s anticipated incarceration, petitioner…opening of page *831 (no citing court says what it cites this page for) · 13 listed here
  • Breitenstein v. Stone, 112 A.D.3d 1157 (N.Y. App. Div. 3d Dep't 2013).published 2 cites
    Based upon our independent review of the record, we find that the father’s incarceration constituted a change in circumstances that reflected a real need for modification of the custody order (see Matter of Susan A. v Ibrahim A., 96 AD3d 4…
  • Bush v. Bush, 104 A.D.3d 1069 (N.Y. App. Div. 3d Dep't 2013).published 2 cites
    The requisite change in circumstances was established by, among other things, the mother’s acknowledged drug abuse in Tennessee, her unilateral relocation in 2009 with the children to New York — which substantially increased the travel req…
  • In re Jacob SS., 59 A.D.3d 825 (N.Y. App. Div. 3d Dep't 2009).published
    While this appeal was pending, a permanent order of the Family Court of Monroe County (Nesser, J.) was entered granting Tamra UU. sole custody of the subject children. * Inasmuch as a permanent order concerning the custody of the children…
  • Valenti v. Valenti, 57 A.D.3d 1131 (N.Y. App. Div. 3d Dep't 2008).published
    Moreover, the record reveals conduct by the mother evincing her willingness to place her own needs ahead of the well-being of her children, two of whom have special needs (see Matter of Gregio v Rifenburg, 3 AD3d 830, 831-832 [2004]; Matte…
  • Robertson v. Robertson, 40 A.D.3d 1219 (N.Y. App. Div. 3d Dep't 2007).published
    We agree with Family Court that the mother’s move to a different county—which was undertaken without consulting the father, necessitated a change in school districts, resulted in the children’s enrollment in a parochial school against the…
  • Horike v. Freedman, 37 A.D.3d 978 (N.Y. App. Div. 3d Dep't 2007).published
    Under these circumstances, Family Court properly determined that the restriction on overnight visitation with Rachel and on respondent’s transportation of the children himself—even if he should regain a valid driver’s license—was in their…
  • Goodfriend v. Devletsah-Goodfriend, 29 A.D.3d 1041 (N.Y. App. Div. 3d Dep't 2006).published
    Where, as here, there is an existing custody order, there must be a showing of sufficient change in circumstances, demonstrating a definite need for such modification to ensure the continued best interests of the child (see Matter of Mathi…
  • Mathis v. Parkhurst, 23 A.D.3d 923 (N.Y. App. Div. 3d Dep't 2005).published
    An existing custody order will be modified only if there is a showing of a change in circumstances revealing a real need for the modification in order to ensure the best interests of the children (see Matter of Griffin v Griffin, 18 AD3d 9…
  • Mehaffy v. Mehaffy, 23 A.D.3d 935 (N.Y. App. Div. 3d Dep't 2005).published
    Applying the principles governing such modification petitions (see Eschbach v Eschbach, 56 NY2d 167, 172-173 [1982]; Matter of Gregio v Rifenburg, 3 AD3d 830, 831 [2004]) and according great deference to Family Court’s custodial findings (…
  • Kemp v. Kemp, 19 A.D.3d 748 (N.Y. App. Div. 3d Dep't 2005).published 3 cites
    A petitioner seeking modification of the custody provisions in a separation agreement that survived the judgment of divorce must show that there has been a sufficient change in circumstances such that modification will advance the best int…
Show 3 more citing cases
  • Redder v. Redder, 17 A.D.3d 10 (N.Y. App. Div. 3d Dep't 2005).published
    The modification of an existing order generally must be supported by a showing of a change in circumstances revealing a real need for the modification to ensure the ongoing best interests of the children (see Matter of Tavernia v Bouvia, 1…
  • Tavernia v. Bouvia, 12 A.D.3d 960 (N.Y. App. Div. 3d Dep't 2004).published 2 cites
    “To warrant modification of an existing order of custody, [the father was] required to show a sufficient change in circumstances that demonstrates a real need for a change to ensure the continued best interests of the child” (Matter of Gre…
  • Coon v. Coon, 29 A.D.3d 1106 (N.Y. App. Div. 3d Dep't 2006).published
    Inasmuch as the court has revisited the issue and considered defendant’s cross motion for custody, his objections to the ex parte order are moot (see Matter of Nicotera v Nicotera, supra at 894; see also Matter of Gregio v Rifenburg, 3 AD3…
At page 832 Determining change in circumstances for custody modification5 citing cases“which significantly increased the visitation distance between the father and the child, is a sufficient change in circumstances”2 citing courts quote it
  • Matter of Chad V. v. Kristen V., 244 A.D.3d 1459 (N.Y. App. Div. 3d Dep't 2025).published
    To the contrary, a unilateral relocation such as this, "which significantly increased the visitation distance between [the father] and the child, is a sufficient change in circumstances" ( Matter of Gregio v Rifenburg , 3 AD3d 830, 832 [3d…
  • Matter of Bennett v. Abbey, 141 A.D.3d 882 (N.Y. App. Div. 3d Dep't 2016).published
    Finally, although not directly raised by the mother in her brief, we agree with the father and the attorney for the child that the mother’s unilateral relocation, “which significantly increased the visitation distance between [the father]…
  • Lim v. Lyi, 40 A.D.3d 1190 (N.Y. App. Div. 3d Dep't 2007).published
    Considering that both parties were fit and loving parents, petitioner failed to meet her burden of showing that the child’s best interests would be served by granting her custody, rather than leaving the child in a stable and familiar envi…
  • Defayette v. Defayette, 28 A.D.3d 820 (N.Y. App. Div. 3d Dep't 2006).published
    Finally, although not conclusive, the award of primary custody to petitioner is in accord with the position advocated by the Law Guardian (see Matter of Gregio v Rifenburg, 3 AD 3d 830, 832 [2004]; Matter of Gonya v Gonya, 298 AD2d 636, 63…
  • Kemp v. Kemp, 19 A.D.3d 748 (N.Y. App. Div. 3d Dep't 2005).published 3 cites
    A petitioner seeking modification of the custody provisions in a separation agreement that survived the judgment of divorce must show that there has been a sufficient change in circumstances such that modification will advance the best int…
Retrieving the full opinion text from the archive…
In the Matter of Steven Gregio
v.
Melissa J. Rifenburg
Appellate Division of the Supreme Court of the State of New York.
Jan 29, 2004.
Published opinion
3 A.D.3d 830
2004 N.Y. App. Div. LEXIS 890
Mugglin.
Cited by 19 opinions  |  Published
Mugglin, J.

Appeal from an order of the Family Court of Ulster County (Work, J.), entered June 3, 2003, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

Following respondent’s plea of guilty to criminally negligent homicide in August 2001, petitioner sought a modification of a 1997 Family Court order which, entered on agreement, provided[*831] for joint custody of the parties’ son (born in 1992) with residential custody to respondent. In view of respondent’s anticipated incarceration, petitioner commenced this proceeding seeking a modification of the custody order. Family Court conducted an “emergency hearing,” which resulted in a temporary award of residential custody to petitioner. Following respondent’s release in February 2002, further hearings were held on the petition, after which petitioner was awarded permanent residential custody. Respondent appeals.

Initially, we note that respondent’s challenge to the temporary order is moot as a result of the entry of a final order of modification (see Matter of Nicotera v Nicotera, 222 AD2d 892, 894 [1995]; Matter of Brozzo v Brozzo, 192 AD2d 878, 879 [1993]). As to the permanent custody order, respondent contends that the modification is not in the best interests of the child.

The paramount consideration in any custody dispute is the best interests of the child (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Friederwitzer v Friederwitzer, 55 NY2d 89, 94-95 [1982]; Matter of Hudson v Hudson, 279 AD2d 659, 660 [2001]). To warrant modification of an existing order of custody, petitioner is required to show a sufficient change in circumstances that demonstrates a real need for a change to ensure the continued best interests of the child (see Matter of Engwer v Engwer, 307 AD2d 504, 505 [2003]; Matter of Crocker v Crocker, 307 AD2d 402, 402 [2003], lv denied 100 NY2d 515 [2003]). “Some of the relevant factors in making such a determination include ‘the quality of the respective home environments, the length of time the present custody arrangement has been in place and each parent’s past performance, relative fitness and ability to provide for and guide the child’s intellectual and emotional development’ ” (Matter of Crocker v Crocker, supra at 402, quoting Matter of Williams v Williams, 188 AD2d 906, 907 [1992]). As long as the record reveals sound support for Family Court’s application of these factors, its finding will not be disturbed (see Matter of Fortner v Benson, 306 AD2d 577, 578 [2003]).

Here, after pointing out that respondent’s impending incarceration furnished a sufficient change in circumstances to support the temporary order, Family Court, as part of its conclusions of law, found that additional changes included the child’s residence with petitioner during the year that it took to complete the trial, respondent’s decision to move to Long Island immediately prior to her incarceration and her abuse of alcohol. These conclusions of law find support in the record. In particular, respondent’s move to Suffolk County appears to have been[*832] precipitated solely by her desire to fulfill her own interests without regard for those of the child. This unilateral relocation, which significantly increased the visitation distance between petitioner and the child, is a sufficient change in circumstances for Family Court to have entertained a petition seeking modification of the prior order (see Matter of Hanson v Hanson, 283 AD2d 677, 678 [2001]). In addition, Family Court’s ultimate conclusion was based upon a thorough examination and careful balancing of all relevant factors to ascertain the best interests of the; child. We agree with the finding that although both parents are fit, loving and able, the need for stability in the child’s life militates in favor of awarding residential custody to petitioner. Moreover, although not conclusive, the decision accords with the recommendation of the court-appointed psychologist and the position taken by the Law Guardian (see Matter of Goodale v Lebrun, 307 AD2d 397, 398 [2003]).

Spain, J.P., Rose, Lahtinen and Kane, JJ., concur. Ordered that the order is affirmed, without costs.