Foster v. Foster

Appellate Division of the Supreme Court of New York

Foster v. Foster

128 A.D.3d 1381, 7 N.Y.S.3d 790

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 1, 2015

StatusPublished

Cited by3 cases

This text of 128 A.D.3d 1381 (Foster v. Foster) 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

Foster v. Foster, 128 A.D.3d 1381, 7 N.Y.S.3d 790 (N.Y. Ct. App. 2015).

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Opinion

Appeal from an order of the Family Court, Oneida County (Randal B. Caldwell, J.), entered October 11, 2013 in a proceeding pursuant to Family Court Act article 6. The order denied the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner mother appeals from an order denying her petition, following a hearing, seeking to modify a prior custody order that, inter alia, granted primary physical custody of the subject child to respondent father. “A party seeking a change in an established custody arrangement must show a change in circumstances [that] reflects a real need for change to ensure the best interest [s] of the child” (Matter of Gross v Gross, 119 AD3d 1453, 1453 [2014] [internal quotation marks omitted]). Contrary to the mother’s contention, we conclude that Family Court’s determination that she failed to meet that burden has a sound and substantial basis in the record (see Matter of Rauch v Keller, 77 AD3d 1409, 1410 [2010]). Present — Smith, J.P., Carni, Lindley, Sconiers and DeJoseph, JJ.

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Appeal from an order of the Family Court, Oneida County (Randal B. Caldwell, J.), entered October 11, 2013 in a proceeding pursuant to Family Court Act article 6. The order denied the petition.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner mother appeals from an order denying her petition, following a hearing, seeking to modify a prior custody order that, inter alia, granted primary physical custody of the subject child to respondent father. “A party seeking a change in an established custody arrangement must show a change in circumstances [that] reflects a real need for change to ensure the best interest [s] of the child” (Matter of Gross v Gross, 119 AD3d 1453, 1453 [2014] [internal quotation marks omitted]). Contrary to the mother’s contention, we conclude that Family Court’s determination that she failed to meet that burden has a sound and substantial basis in the record (see Matter of Rauch v Keller, 77 AD3d 1409, 1410 [2010]). Present — Smith, J.P., Carni, Lindley, Sconiers and DeJoseph, JJ.

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Bluebook (online)

128 A.D.3d 1381, 7 N.Y.S.3d 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-foster-nyappdiv-2015.

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