Jones v. Moore
| Decision Date | 25 June 2015 |
| Docket Number | 519135 |
| Citation | 2015 N.Y. Slip Op. 05531,12 N.Y.S.3d 360,129 A.D.3d 1400 |
| Parties | In the Matter of Michelle A. JONES, Respondent, v. Johnnie MOORE, Appellant. (And Two Other Related Proceedings.). |
| Court | New York Supreme Court — Appellate Division |
129 A.D.3d 1400
12 N.Y.S.3d 360
2015 N.Y. Slip Op. 05531
In the Matter of Michelle A. JONES, Respondent
v.
Johnnie MOORE, Appellant.
(And Two Other Related Proceedings.).
519135
Supreme Court, Appellate Division, Third Department, New York.
June 25, 2015.
Ciano J. Lama, Ithaca, for appellant.
Francisco Berry, Ithaca, for respondent.
Donna Chin, Ithaca, attorney for the child.
Before: GARRY, J.P., ROSE, DEVINE and CLARK, JJ.
Opinion
CLARK, J.
Appeal from an order of the Family Court of Chemung County (Hayden, J.), entered May 16, 2014, which, among other things, dismissed respondent's applications, in two proceedings pursuant to Family
Ct. Act article 6, to modify a prior order of custody.
Petitioner (hereinafter the mother) and respondent (hereinafter the father) are the parents of a daughter (born in 1999). An August 2010 Family Court order awarded sole custody of the child to the mother and provided the father with visitation every Wednesday evening and an overnight visitation every Saturday. In May 2013, the mother commenced a proceeding seeking modification of the prior custody order to the extent that the father no longer have an overnight visitation with the child. The father then commenced a modification proceeding seeking more visitation time with the child and, subsequently, commenced another modification proceeding seeking sole custody. Following a fact-finding hearing and a Lincoln hearing with the child, Family Court determined that neither party established that there had been any change in circumstances sufficient to warrant modification of the prior custody order and, accordingly, dismissed the petitions. The father now appeals and contends that Family Court erred in not affording proper weight to the child's expressed desire to reside with him half of the time. We disagree.
“A parent seeking to modify an existing custody order bears the burden of demonstrating a sufficient change in circumstances since the entry of the prior order to warrant modification thereof in the child's best interests” (Matter of Bailey v. Blair, 127 A.D.3d 1274, 1275, 6 N.Y.S.3d 724 [2015] [internal quotation marks, brackets and citations omitted]; see Matter of Eller v. Eller, 126 A.D.3d 1242, 1242, 6 N.Y.S.3d 185 [2015] ; Matter of Kent v. Ordway, 125 A.D.3d 1203, 1203, 4 N.Y.S.3d 640 [2015]...
To continue reading
Request your trial
-
Rohde v. Rohde
... ... not dispositive, may support a finding of a change in circumstances and may be considered when determining their best interests (see Matter of Jones v. Moore, 129 A.D.3d 1400, 1401, 12 N.Y.S.3d 360 [2015] ; Matter of Colona v. Colona, 125 A.D.3d 1123, 1126, 4 N.Y.S.3d 333 [2015] ). Here, although ... ...
-
Carr v. Stebbins
... ... for our review and, in any event, to the extent that they have any merit, constitute nothing more than harmless error (see Matter of Jones v. Moore, 129 A.D.3d 1400, 1402, 12 N.Y.S.3d 360 [2015] ; Matter of Andracchi v. Reetz, 106 A.D.3d 734, 734735, 966 N.Y.S.2d 102 [2013], lv. denied ... ...
-
Schlegel v. Kropf, 519781.
... ... Floreno, 130 A.D.3d 1170, 1170, 13 N.Y.S.3d 651 [2015] ; Matter of Jones v. Moore, 129 A.D.3d 1400, 1401, 12 N.Y.S.3d 360 [2015] ). A custody order entered upon consent is afforded less weight than an order resulting from ... ...
-
Thomas FF. v. Jennifer GG.
... ... Tyrel, 132 A.D.3d 1026, 1026, 17 N.Y.S.3d 198 [2015] ; Matter of Jones v. Moore, 129 A.D.3d 1400, 1401, 12 N.Y.S.3d 360 [2015] ). When Family Court's determination in this regard is supported by a sound and substantial ... ...