Lewis v. Fuller

Ten days after respondent (hereinafter the father) was released from prison, where he served a sentence for criminal possession of a controlled substance, petitioner (hereinafter the mother) commenced this proceeding seeking to modify a prior order of custody, entered on consent of the parties in 2000, by terminating the father’s visitation with the child (born in 1992) and awarding sole legal custody of the child to her. Following a Lincoln hearing and an evidentiary hearing, Family Court determined that the mother had not established a change in circumstances warranting a modification and…