Legal Opinion
Owens v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Decided January 12, 2012PublishedCited by 7 opinions
1Opinion of the CourtStein, J.
*1050In order to warrant modification of the existing order of custody, the mother was required to demonstrate “a change in circumstances reflecting a real need for change in order to insure the continued best interest of the child” (Matter of Joseph A. v Jaimy B., 81 AD3d 1219, 1220 [2011] [internal quotation marks and citations omitted]). Not until a change in circumstances has been established is Family Court permitted to proceed to a best interest analysis (see id. at 1221). The mother’s sole contention on appeal is that Family Court erred in finding that the father’s drug use, alone, was not…
2Cases cited4 opinions
- Siler v. WrightAppellate Division of the Supreme Court of the State of New York · 2009
- Robert SS. v. Ashley TT.Appellate Division of the Supreme Court of the State of New York · 2010
- Joseph A. v. Jaimy B.Appellate Division of the Supreme Court of the State of New York · 2011
- Lewis v. TomeoAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by7 opinions
- Kashif II. v. Lataya KK.Appellate Division of the Supreme Court of the State of New York · 2012
- Barbara L. v. Robert M.Appellate Division of the Supreme Court of the State of New York · 2014
- Clark v. HartAppellate Division of the Supreme Court of the State of New York · 2014
- Barbara L. v. Robert M.Appellate Division of the Supreme Court of the State of New York · 2014
- Clark v. HartAppellate Division of the Supreme Court of the State of New York · 2014
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