Strand-O'Shea v. O'Shea
Cases that cite this one
23 later published cases cite this decision.
- Matter of Slade v. Haymes (Appellate Division of the Supreme Court of New York 2025)
- In re Graziani C.A. (Appellate Division of the Supreme Court of New York 2014)
- In re Graziani C.A. (Appellate Division of the Supreme Court of New York 2014)
- Kantrowitz v. Cummo (Appellate Division of the Supreme Court of New York 2009)
- Waldman v. Waldman (Appellate Division of the Supreme Court of New York 2008)
- Matter of Ashton v. Doroski (Appellate Division of the Supreme Court of New York 2016)
- J.B. v. C.C. (NYC Family Court 2016)
- Feliccia v. Spahn (Appellate Division of the Supreme Court of New York 2013)
- Feliccia v. Spahn (Appellate Division of the Supreme Court of New York 2013)
- Aronowich-Culhane v. Fournier (Appellate Division of the Supreme Court of New York 2012)
- Tobar v. Velez-Molina (Appellate Division of the Supreme Court of New York 2012)
- Doroski v. Ashton (Appellate Division of the Supreme Court of New York 2012)
- Doroski v. Ashton (Appellate Division of the Supreme Court of New York 2012)
- Chery v. Richardson (Appellate Division of the Supreme Court of New York 2011)
- Rosen v. Goldhaber (Appellate Division of the Supreme Court of New York 2010)
- Adornato v. Adornato (Appellate Division of the Supreme Court of New York 2009)
- Lovitch v. Lovitch (Appellate Division of the Supreme Court of New York 2009)
- Harris v. Carter (Appellate Division of the Supreme Court of New York 2009)
- Tori v. Tori (Appellate Division of the Supreme Court of New York 2009)
- Ross v. Ross (Appellate Division of the Supreme Court of New York 2009)
- Guerra v. Balistreri (Appellate Division of the Supreme Court of New York 2008)
- Zeis v. Slater (Appellate Division of the Supreme Court of New York 2008)
- Fallarino v. Ayala (Appellate Division of the Supreme Court of New York 2007)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a custody and visitation proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (McElligott, J.H.O.), entered March 15, 2005, which, after a hearing, granted the father’s motion to modify the visitation provisions of the parties’ judgment of divorce and denied her motion for a change in custody.
Ordered that the order is affirmed, without costs or disbursements.
Modification of an existing custody arrangement is permissible only upon a showing that there has been a change in circumstances such that modification is necessary to ensure the best interests of the child. The court must consider the totality of the circumstances (see Scheuering v Scheuering, 27 AD3d 446 [2006]; Matter of Abranko v Vargas, 26 AD3d 490 [2006]). Because the hearing court is in the best position to evaluate the testimony, character, and sincerity of the witnesses, its findings are entitled to great deference on appeal, and will not be overturned unless they lack a sound and substantial basis in the record (see Matter of Rho v Rho, 19 AD3d 605 [2005]; Matter of Picot v Barrett, 8 AD3d 288 [2004]). Here, the Family Court properly determined that, under all of the circumstances, a change in custody was not in the child’s best interest (see Eschbach v Eschbach, 56 NY2d 167 [1982]).
Furthermore, the court was not obligated to accept the recommendations of the forensic expert regarding the father’s motion to modify the parties’ visitation schedule. The court explained
The mother’s remaining contention is without merit. Schmidt, J.E, Adams, Luciano and Lifson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.