At page 398 Determining modification of custody based on change in circumstances10 citing cases“modification of an existing custody arrangement is permissible only upon a showing that there has been a change in circumstances such that modification is necessary to ensure the best interests of the child”
- J.B. v. C.C., 53 Misc. 3d 398 (N.Y.C. Fam. Ct. 2016).published(Because the hearing court is in the best position to evaluate the testimony, character, and sincerity of the witnesses, its findings are entitled to great deference on appeal, and will not be overturned unless they lac…)
- Feliccia v. Spahn, 108 A.D.3d 702 (N.Y. App. Div. 2d Dep't 2013).published “Modification of an existing custody arrangement is permissible only upon a showing that there has been a change in circumstances such that modification is necessary to ensure the best interests of the child” (Matter of Strand-O’Shea v O’S…
- Tobar v. Velez-Molina, 95 A.D.3d 1224 (N.Y. App. Div. 2d Dep't 2012).publishedThe court must consider the totality of the circumstances” (Matter of Strand-O’Shea v O’Shea, 32 AD3d 398, 398 [2006]; see Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of Nava v Kinsler, 85 AD3d 1186, 1186 [2011]; Matter of Harris v Car…
- Aronowich-Culhane v. Fournier, 94 A.D.3d 1114 (N.Y. App. Div. 2d Dep't 2012).published“Modification of an existing custody arrangement is permissible only upon a showing that there has been a change in circumstances such that modification is necessary to ensure the best interests of the child” (Matter of Strand-O’Shea v O’S…
- Chery v. Richardson, 88 A.D.3d 788 (N.Y. App. Div. 2d Dep't 2011).publishedThe court must consider the totality of the circumstances” (Matter of Strand-O’Shea v O’Shea, 32 AD3d 398, 398 [2006]; see Eschbach v Eschbach, 56 NY2d 167 [1982]; Matter of Riedel v Riedel, 61 AD3d 979 [2009]).
- Rosen v. Goldhaber, 73 A.D.3d 1184 (N.Y. App. Div. 2d Dep't 2010).publishedTo modify an existing custody arrangement, there must be a showing of a subsequent change of circumstances so that modification is required to protect the best interests of the child (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Matte…
- Tori v. Tori, 67 A.D.3d 1021 (N.Y. App. Div. 2d Dep't 2009).published“Modification of an existing custody arrangement is permissible only upon a showing that there has been a change in circumstances such that modification is necessary to ensure the best interests of the child” (Matter of Strand-O’Shea v O’S…
- Harris v. Carter, 66 A.D.3d 780 (N.Y. App. Div. 2d Dep't 2009).publishedIn order to modify an existing custody arrangement, there must be a showing of a subsequent change of circumstances such that modification is required to protect the best interests of the child (see Eschbach v Eschbach, 56 NY2d 167, 171 [1…
- Lovitch v. Lovitch, 64 A.D.3d 710 (N.Y. App. Div. 2d Dep't 2009).published“Modification of an existing custody arrangement is permissible only upon a showing that there has been a change in circumstances such that modification is necessary to ensure the best interests of the child” (Matter of Strand-O’Shea v O’S…
Other citing cases
- Ross v. Ross, 68 A.D.3d 878 (N.Y. App. Div. 2d Dep't 2009).published
v.
John C. O'Shea
In a custody and visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (McElligott, J.H.O.), entered March 15, 2005, which, after a hearing, granted the father’s motion to modify the visitation provisions of the parties’ judgment of divorce and denied her motion for a change in custody.
Ordered that the order is affirmed, without costs or disbursements.
Modification of an existing custody arrangement is permissible only upon a showing that there has been a change in circumstances such that modification is necessary to ensure the best interests of the child. The court must consider the totality of the circumstances (see Scheuering v Scheuering, 27 AD3d 446 [2006]; Matter of Abranko v Vargas, 26 AD3d 490 [2006]). Because the hearing court is in the best position to evaluate the testimony, character, and sincerity of the witnesses, its findings are entitled to great deference on appeal, and will not be overturned unless they lack a sound and substantial basis in the record (see Matter of Rho v Rho, 19 AD3d 605 [2005]; Matter of Picot v Barrett, 8 AD3d 288 [2004]). Here, the Family Court properly determined that, under all of the circumstances, a change in custody was not in the child’s best interest (see Eschbach v Eschbach, 56 NY2d 167 [1982]).
Furthermore, the court was not obligated to accept the recommendations of the forensic expert regarding the father’s motion to modify the parties’ visitation schedule. The court explained[*399] its reasons for rejecting her recommendation and its reasoning is supported by the record (see Matter of Sienkwicz v Sienkwicz, 298 AD2d 396 [2002]; Matter of Maysonet v Contreras, 290 AD2d 510 [2002]).
The mother’s remaining contention is without merit. Schmidt, J.E, Adams, Luciano and Lifson, JJ., concur.