Green v. Mitchell

—Order unanimously affirmed without costs. Memorandum: Family Court did not abuse its discretion in modifying a prior custody order by awarding petitioner father joint custody and primary physical placement of the parties’ minor child with specified visitation to respondent mother. In October 1996 petitioner established a change in circumstances, and respondent did not oppose the award of temporary custody to petitioner at that time. Respondent’s circumstances had improved by the time an evidentiary hearing was held in January 1998, but the court determined that it was in the child’s best…