Ehrenreich v. Lynk

74 A.D.3d 1387, 903 N.Y.S.2d 549
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 3, 2010
StatusPublished
Cited by27 cases

This text of 74 A.D.3d 1387 (Ehrenreich v. Lynk) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ehrenreich v. Lynk, 74 A.D.3d 1387, 903 N.Y.S.2d 549 (N.Y. Ct. App. 2010).

Opinion

Garry, J.

Appeal from an order of the Family Court of Otsego County (Burns, J.), entered January 14, 2009, which, among [1388]*1388other things, granted respondent’s application, in two proceedings pursuant to Family Ct Act article 6, to modify a prior order of custody.

Petitioner (hereinafter the mother) and respondent (hereinafter the father) are the parents of a daughter, born in 2004. In the spring of 2006, the parties reached a stipulation by which they shared joint custody of the child, with primary physical custody to the mother. On their own they then developed a shared parenting plan by which the child spent three nights and five days, including three weekdays, at the father’s home in the Village of Cooperstown, Otsego County, and four nights and two days each week with the mother. In 2007, Family Court dismissed cross petitions by the mother and father for sole custody and continued the prior custody arrangement and shared parenting schedule. In March 2008, the mother petitioned for modification to permit the child to attend preschool in the Village of Fort Plain, Montgomery County, where she then resided; the petition was dismissed. In August 2008, having relocated to the Town of Little Falls, Herkimer County, the mother petitioned to modify the parenting schedule to permit the child to attend a preschool there. By the time of the fact-finding hearing, however, she had returned to Fort Plain and wished her daughter to attend preschool in that community. The father had meanwhile enrolled the child in a preschool in the Town of Milford, Otsego County, which she attended on the three weekdays she spent with him, and he cross-petitioned for sole custody. In December 2008, following a fact-finding hearing, Family Court awarded sole legal custody to the father, with visitation for the mother on alternate weekends and during holidays and school vacations. The court deferred the schedule change until September 1, 2009, when the child was to begin kindergarten, continuing the original shared parenting schedule in the interim. The mother now appeals.

A change of circumstances warranting the modification of a joint custody arrangement may be found when “the relationship between joint custodial parents has deteriorated to the point where they simply cannot work together in a cooperative fashion for the good of their children” (Matter of Blanchard v Blanchard, 304 AD2d 1048, 1049 [2003] [internal quotation marks, citations and brackets omitted]). The record does not support a finding of such a change of circumstances here. While the parents did require Family Court’s assistance to resolve their long-standing difference on a single issue—the choice of [1389]*1389the child’s preschool

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Bluebook (online)
74 A.D.3d 1387, 903 N.Y.S.2d 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ehrenreich-v-lynk-nyappdiv-2010.