Hoffmeier v. Byrnes

Memorandum: Petitioner mother commenced this proceeding seeking to modify a prior order of - custody that, inter alia, granted physical custody of the subject children to respondent father and visitation to her. The prior order was based upon a full evidentiary hearing and had been entered approximately two months prior to the filing of the instant petitions. We reject the mother’s contention that Family Court erred in concluding that she failed to establish a change in circumstances sufficient to warrant a review of the prior custody determination.

We note at the outset that, although the…