Greim v. Greim

• Decision Date: 08 January 2020
• Docket Number: Index No. 200211/08,2018-13361
• Citation: 179 A.D.3d 646,113 N.Y.S.3d 578 (Mem)
• Parties: Keith GREIM, Respondent, v. Jullianne GREIM, Appellant.
• Court: New York Supreme Court — Appellate Division

179 A.D.3d 646
113 N.Y.S.3d 578 (Mem)

Keith GREIM, Respondent,
v.
Jullianne GREIM, Appellant.

2018-13361
Index No. 200211/08

Supreme Court, Appellate Division, Second Department, New York.

Submitted—November 7, 2019
January 8, 2020

A. Cohen Law Firm, P.C., Valley Stream, N.Y. (Avinoam Cohen of counsel), for appellant.

Sunshine, Isaacson & Hecht, LLP, Jericho, N.Y. (Jason Isaacson of counsel), for respondent.

Maureen McLoughlin, Garden City, NY, attorney for the child.

JOHN M. LEVENTHAL, J.P., SHERI S. ROMAN, JEFFREY A. COHEN, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

179 A.D.3d 646

In a matrimonial action in which the parties were divorced by a judgment entered August 18, 2009, the defendant appeals from an order of the Supreme Court, Nassau County (Hope Schwartz Zimmerman, J.), dated August 20, 2018. The order, insofar as appealed from, after a hearing, inter alia, granted that branch of the plaintiff's motion which was to modify a so-ordered stipulation of custody entered June 16, 2008, which was incorporated but not merged into the parties' judgment of divorce, so as to award him sole custody of the parties' child to the extent of awarding him residential custody of the child, and directed the defendant to pay temporary child support in the sum of $50 per week.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The parties are the divorced parents of one child, born in

179 A.D.3d 647

2004. In a so-ordered stipulation of custody, which was incorporated but not merged into the parties' judgment of divorce entered August 18, 2009, they agreed to share joint custody of the child, with primary residential custody to the defendant. In January 2018, the plaintiff moved, inter alia, to modify the so-ordered stipulation of custody so as to award him sole custody of the child. After a hearing, in an order dated August 20, 2018, the Supreme Court granted that branch of the plaintiff's motion to the extent of awarding him residential custody of the child. The court also, among other things, directed the defendant to pay temporary child support in the sum of $50 per week until a final order of child support could be entered, following financial discovery. The defendant appeals.

A party seeking modification of an existing custody or parental access arrangement must show that there has been a subsequent change of circumstances such that modification is required (s...