Modification & Credibility

Long Island’s Best Divorce Lawyer said this was the appeal of the Family Court’s dismissal of the Appellant Mother’s custody modification petition and violation petitions.  Two of the parties’ daughters had reached the age of 18 and therefore the matter as to them was moot.  The custody arrangement as to the parties’ youngest child would only be modified “if there [was] a showing of a change of circumstances revealing a real need for the modification in order to ensure the best interests of the child.”


A Nassau County Child Custody Attorney said that the proof at trial showed little change in the circumstances that brought about the earlier order.  The Mother argued, “that the father had failed to make an effort to foster the relationship between her and the child” and that he intended to hinder the relationship.  The proof turned on credibility, which the Family Court found neither party to have.  Therefore, the Appellate Division affirmed the Family Court’s decision.

Many times the circumstances of a child custody agreement change over time and require modification.  Seek out the advice of the experienced Family Law Attorneys at Simonetti & Associates.