Dolan v. Efman

Apr 24, 2012
Versions:94 A.D.3d 1116
942 N.Y.S.2d 810

In a child custody and visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Sheares, J.), dated January 10, 2011, which, after a hearing, granted the father‘s petition to modify a prior order of custody and visitation dated January 4, 2005, so as to award him sole custody of the child with certain visitation to the mother.

Ordered that the order dated January 10, 2011, is affirmed, without costs or disbursements.

To modify an existing custody arrangement, there must be a showing of a change in circumstances such that modification is required to protect the best interests of the child (see Matter of Morillo v Nunez, 91 AD3d 875 [2012]; Matter of Dorsa v Dorsa, 90 AD3d 1046 [2011]; Matter of Nava v Kinsler, 85 AD3d 1186, 1186 [2011]). ” ‘[S]ince the Family Court‘s custody determination is largely dependent upon an assessment of the credibility of the witnesses and upon the character, temperament, and sincerity of the parents, its determination should not be disturbed unless it lacks a sound and substantial basis in the