Appellate Division of the Supreme Court of New York, 2012

Morillo v. Nunez

Morillo v. Nunez
Appellate Division of the Supreme Court of New York · Decided January 24, 2012
91 A.D.3d 875; 936 N.Y.2d 910
Morillo v. Nunez

Cases that cite this one

8 later published cases cite this decision.

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Opinion of the Court

*876The Family Court did not err in denying the father’s petition to modify a prior custody order dated August 31, 2009, so as to award him sole custody of the parties’ child. “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” (Matter of Nava v Kinsler, 85 AD3d 1186, 1186 [2011]; see Family Ct Act § 652 [a]; Matter of Catalano v Catalano, 66 AD3d 1012, 1013 [2009]). Here, the father’s testimony did not establish a sufficient change in circumstances since the entry of the prior order (see generally Matter of Catalano v Catalano, 66 AD3d at 1013; Matter of Jennings v Small, 59 AD3d 546 [2009]). Dillon, J.E, Lott, Roman and Cohen, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.