Practice point: A custody agreement will not be set aside unless there is a significant change in circumstances, and the modification is in the best interests of the child.
Students should note that a noncustodial parent seeking the change must make an evidentiary showing sufficient to warrant a hearing.
Case: Jurgensen v. Jurgensen, NY Slip Op 06617 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion practice.
