Wells v. Smith

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Dutchess County (Forman, J.), dated June 9, 2003, which, after a hearing, denied her petition to change custody of the parties’ child from the father to her.

Ordered that the order is affirmed, without costs or disbursements.

*382In determining whether a custody agreement should be modified, the paramount issue before the court is whether the totality of the circumstances warrants modification in the best interests of the child (see Friederwitzer v Friederwitzer, 55 NY2d 89,…