Conway v. Conway
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Contrary to the father’s contention, the issue of legal custody was properly before the Family Court. In the mother’s petition, by seeking “final say regarding any major decisions” involving the parties’ children, she effectively sought sole legal custody (see 1-10 Child Custody and Visitation Law and Practice § 10.03 [3] [b] [i]; see generally Braiman v Braiman, 44 NY2d 584, 589 [1978]).
To modify an existing custody arrangement, there must be a showing of a change in circumstances such that modification is required to protect the best interests of the children (see Matter of Sparacio v…
2Cases cited6 opinions
- Edwards v. RothschildAppellate Division of the Supreme Court of the State of New York · 2009
- Plaza v. PlazaAppellate Division of the Supreme Court of the State of New York · 2003
- Sparacio v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 2010
- Gorniok v. Zeledon-MussioAppellate Division of the Supreme Court of the State of New York · 2011
- Bonthu v. BonthuAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by6 opinions
- Solovay v. SolovayAppellate Division of the Supreme Court of the State of New York · 2012
- Yearwood v. YearwoodAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Hardy v. FigueroaAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Steingart v. FongAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of Sterling v. SilvaAppellate Division of the Supreme Court of the State of New York · 2015
1 more not listed; retrieve them via the Exa API.