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Priority in Custody Disputes Given to Party Initially Awarded Custody

The Second Department, in affirming Family Court’s denial of a motion to modify a stipulated custody arrangement, noted that priority is given to the parent who was initially awarded custody:

“A modification of an existing custody arrangement should be allowed only upon a showing of a sufficient change in circumstances demonstrating a real need for a change of custody in order to insure the child’s best interests” … . The best interests of the child are determined by a review of the totality of the circumstances … . In this regard, the court should consider whether the alleged changed circumstances indicate that one of the parties is unfit, the nature and quality of the relationships between the child and the parties, and the existence of a prior agreement … .

” Priority in custody disputes should usually be given to the parent who was first awarded custody . . . because this policy assures stability in the child’s life'” … . “Thus, [w]hen . . . there is no indication that a change of custody will result in significantly enhancing the child’s welfare, it is generally considered in the child’s best interests not to disrupt his [or her] life'” … . McCance v De Witt, 2014 NY Slip Op 04175, 2nd Dept 6-11-14

 

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