Battista v. Fasano
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*713In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Nassau County (Kase, J.), dated July 26, 2006, as, after a hearing, granted the father’s petition to transfer sole custody of the subject child from the mother to him.
Ordered that the order is affirmed insofar as appealed from, with costs.
Where, as here, the parties have entered into an agreement concerning custody, it will not be modified absent a change in circumstances, and unless a modification would be in the best interests of…
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