Practice point: In order to modify a custody or visitation arrangement, there must be a showing of a change in circumstances requiring the modification to protect the best interests of the child.
Students should note that the standard for determining the child's best interests is the totality of the circumstances.
Case: Peralta v. Irrizary, NY Slip Op 06374 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Labor Law.