Legal Opinion

Baker v. Durham

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 2009Published

1Opinion of the Court

“[W]here parents enter into an agreement concerning custody, it will not be set aside unless there is a sufficient change in circumstances since the time of the stipulation and unless the modification of the custody agreement is in the best interests of the child” (Matter of Lopez v Infante, 55 AD3d 837, 837-838 [2008]). The Family Court’s determination to deny, after a hearing, the father’s petition for a change of custody of the parties’ children is supported by a sound and substantial basis in the record (see Matter of Marriott v Hernandez, 55 AD3d 613, 613-614 [2008]; Matter of Moorehead…

2Cases cited3 opinions

  1. Moorehead v. MooreheadAppellate Division of the Supreme Court of the State of New York · 1993
  2. Lopez v. InfanteAppellate Division of the Supreme Court of the State of New York · 2008
  3. Marriott v. HernandezAppellate Division of the Supreme Court of the State of New York · 2008

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