At page 1354 Determining failure to show change in circumstances for custody modification3 citing cases
- Matter of Pfalzer v. Pfalzer, 150 A.D.3d 1705 (N.Y. App. Div. 4th Dep't 2017).publishedWe conclude that “there is a sound and substantial basis in the record for Family Court’s *1707 determination that the mother failed to make the requisite ev-identiary showing of a change in circumstances to warrant an inquiry into whether…
- Trombley v. Payne, 144 A.D.3d 1551 (N.Y. App. Div. 4th Dep't 2016).published Contrary to the contention of the mother in appeal No. 2, Family Court properly dismissed her cross petition seeking custody because she failed to make the requisite evidentiary showing of a change in circumstances to warrant an inquiry in…
v.
Ward A. Thompson
Appeal from an order of the Family Court, Jefferson County (Peter A. Schwerzmann, A.J.), entered May 7, 2013 in a proceeding pursuant to Family Court Act article 6. The order dismissed the petition.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner mother appeals from an order that dismissed her petition seeking modification of a prior custody order awarding sole custody of the subject child to respondent father. Contrary to the mother’s contention, there is a sound and substantial basis in the record for Family Court’s determination that the mother failed to make the requisite evidentiary showing of a change in circumstances to warrant an inquiry into whether the best interests of the child would be served by modifying the existing custody arrangement (see Matter of Wawrzynski v Goodman, 100 AD3d 1559, 1559 [2012]).
Present — Centra, J.P., Fahey, Valentino, Whalen and DeJoseph, JJ.