Appellate Division of the Supreme Court of New York, 2012

Mollet v. Mollet

Appellate Division of the Supreme Court of New York · Decided October 24, 2012

99 A.D.3d 1007; 952 N.Y.2d 470

Cases that cite this one

4 later published cases cite this decision.

McVey v. Barnett (Appellate Division of the Supreme Court of New York 2013)
McVey v. Barnett (Appellate Division of the Supreme Court of New York 2013)
Luo v. Yang (Appellate Division of the Supreme Court of New York 2013)
Luo v. Yang (Appellate Division of the Supreme Court of New York 2013)

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 order to modify an existing custody or visitation arrangement, there must be a showing that there has been a change in circumstances such that modification is required to protect the best interests of the child” ’ ” (Matter of Francois v Grimm, 84 AD3d 1082 [2011], quoting Matter of Peralta v Irrizary, 76 AD3d 561, 562 [2010]; see Family Ct Act § 652). “The best interests of the child are determined by a review of the totality of the circumstances” (Matter of Garcia v Fountain, 82 AD3d 979, 980 [2011]).

*1008Here, the Family Court’s award of sole legal and physical custody of the subject child to the mother has a sound and substantial basis in the record and will not be disturbed (see Matter of McDonough v McDonough, 73 AD3d 1067, 1068 [2010]; Matter of Tercjak v Tercjak, 49 AD3d 772 [2008]).

The father’s remaining contentions are without merit. Eng, EJ., Skelos, Lott and Cohen, JJ., concur.

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