Practice point: There likely will be a change in custody only if, in the best interests of the child, the totality of the circumstances warrants a modification.
Practitioners should note that the court will consider factors such as the home environment and the custodial parent’s guidance; each parent’s ability to provide for the child's emotional and intellectual development; and each parent’s financial status as it relates to providing for the child.
Case: McGovern v. Lynch, NY Slip Op 03736 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Legal malpractice.
You will find another instructive case here.
