Lamb v. Lamb

Order unanimously affirmed with costs. Memorandum: Petitioner appeals from an order dismissing his petition for modification of a divorce decree to grant him custody of the infant children. The standard for modifying a prior custody award is well established: the best interests of the children under the prevailing circumstances (see, Friederwitzer v Friederwitzer, 55 NY2d 89, 95; Matter of Borst v Borst, 137 AD2d 890, 891; Matter of Robb v McIntosh, 99 AD2d 571). Where modification of an existing custody decree is sought, the prior decree and the circumstances on which it was based must be…