A Long Island Child Custody Lawyer said this is an appeal from an order of the Family Court of Steuben County, granted on November 15, 2013, transferring primary physical placement of the subject child from respondent-mother to petitioner-father. A New York Family Law Attorney said the grounds for the appeal are that the Family Court erred in finding the required showing of change of circumstances to warrant an inquiry into the best interests of the child. Although a prior custody order allowed for either party to seek modification, the Court found that the father met his burden of change of circumstances regardless.
A Long Island Child Custody Lawyer said that since the entry of the prior custody order the child had gone into a “downward slide” in academics and mental health. The child had to repeat kindergarten and continued struggling into first and second grades. The Court noted that the child frequently fell asleep in the classroom and was not on “grade level” and ranked “toward the bottom” of the class. It was discovered that the child’s fatigue was the result of staying up late watching television. The Court found that the child had performed poorly at school for four years while living primarily with the mother. A New York Child Custody Lawyer said that in addition the child’s teacher testified that she observed the child to be more alert and less sullen following weekend visitation with the father. As a result of the child’s “downward slide”, the Court found the Family Court to be correct in its determination of change of circumstances.
The ability to modify a child custody order is important when there has been a change of circumstances and modifying the existing order would serve the best interest of the child. If you have a similar case or wish to have your child custody arrangement modified seek the advice of the winners of Long Island’s Best divorce lawyers at Simonetti & Associates.