Can Custody be Change?
In New York, if two people agree in a written agreement or a child custody order is entered, it is not easy to change custody unless one parent has a good reason. People file petitions in family court all the time, and a good lawyer Supreme Court, Appellate Division, Second Department, New York.
Rule on these issues. Read the case below.
Supreme Court, Appellate Division, Second Department, New York.
In the Matter of Felicia Vasquez-WILLIAMS, respondent,
v.
Vincent WILLIAMS, appellant.
Sept. 12, 2006
ANITA R. FLORIO, J.P., GLORIA GOLDSTEIN, WILLIAM F. MASTRO, and STEVEN W. FISHER, JJ.
In a custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Suffolk County (MacKenzie, J.), dated August 24, 2005, which, after a hearing, inter alia, granted the mother's petition to modify the custody provisions of the parties' judgment of divorce and awarded her sole custody of the subject children.
ORDERED that the order is affirmed, with costs.
A parent seeking a change in custody must make an initial evidentiary showing sufficient to warrant a hearing (see McNally v. McNally, 28 A.D.3d 526, 816 N.Y.S.2d 98; Smoczkiewicz v. Smoczkiewicz, 2 A.D.3d 705, 770 N.Y.S.2d 101; Corigliano v. Corigliano, 297 A.D.2d 328, 329, 746 N.Y.S.2d 313; Teuschler v. Teuschler, 242 A.D.2d 289, 660 N.Y.S.2d 744). Contrary to the father's contention, the mother's allegations that he imposed excessive and inappropriate discipline on the subject children, including corporal punishment, was sufficient to warrant a hearing.
"A change of custody should be made only if the totality of the circumstances warrants a modification" (Corigliano v. Corigliano, supra at 329, 746 N.Y.S.2d 313; see Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 95-96, 447 N.Y.S.2d 893, 432 N.E.2d 765). On this record, we discern no basis to disturb the Family Court's determination, made after a hearing and in camera interviews with the subject children (see Matter of Lincoln v. Lincoln, 24 N.Y.2d 270, 272, 299 N.Y.S.2d 842, 247 N.E.2d 659), that it was in their best interests to award custody to the mother (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260; Friederwitzer v. Friederwitzer, supra at 93-95, 447 N.Y.S.2d 893, 432 N.E.2d 765).
The father's remaining contentions are without merit.
