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THE PETITIONER SEEKING TO MODIFY A CUSTODY ARRANGEMENT MUST MAKE A THRESHOLD SHOWING THAT THERE HAS BEEN A CHANGE IN CIRCUMSTANCES SINCE THE LAST CUSTODY ORDER WAS ISSUED; HERE, FATHER’S WANTING MORE PARENTING TIME TO DEVELOP A CLOSER RELATIONSHIP WAS NOT A CHANGED CIRCUMSTANCE (THIRD DEPT).

The Third Department, reversing Family Court, determined father did not meet his burden of showing changed circumstances warranting an increase in parenting time. Father’s simply wanting more parenting time is not a changed circumstance:

Family Court found that a change in circumstances existed — namely, that the father wanted to have a closer relationship with the child and the amount of parenting time provided in the January 2019 order was insufficient to develop that relationship. Even crediting the father’s testimony, the father’s mere dissatisfaction with the amount of parenting time provided in the January 2019 order and the desire for more time do not constitute a change in circumstances … .. Furthermore, the record fails to show any “new developments or changes that have occurred since the [January 2019] order was entered” … . Accordingly, because the father did not satisfy his threshold burden of establishing a change in circumstances, the modification petition should have been dismissed … . Matter of Joshua KK. v Jaime LL., 2022 NY Slip Op 02847, Third Dept 4-28-22

Practice Point: A party seeking a modification of a custody order must make a threshold showing of changed circumstances. Here father’s wanting more parenting time to develop a closer relationship was not a changed circumstance. Therefore father’s petition should have been dismissed.

 

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