Practice point: Modification of an existing custody arrangement is permissible only upon a showing that there has been a change in circumstances such that modification is necessary to ensure the best interests of the child.
Student note: The court should consider whether the alleged changed circumstances indicate one of the parties is unfit, the nature and quality of the relationships between the child and the parties, and the existence of a prior agreement.
Case: Matter of Chery v. Richardson, NY Slip Op 07215 (2d Dept. 2011).
Here is the decision.
Tomorrow’s issue: Promissory notes.
