Practice point: In order to modify an existing custody arrangement, there must be a
showing of a subsequent change of circumstances so that modification is
required to protect the best interests of the child. The best interests of the child are determined by a review of the totality of the circumstances. The court will consider whether the
alleged changed circumstances indicate that 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.
Student note: The recommendation of the court-appointed expert
and the position of the attorney for the child are factors to be
considered and are entitled to some weight, but such recommendations and
position are not determinative and do not usurp the judgment of the
trial judge.
Case: Conway v. Gartmond, NY Slip Op 05313 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: A fall on the stairs.
