Mother’s Conclusory Allegations Not Enough To Win Sole Custody
Matter of Fitje v Fitje
2011 NY Slip Op 06234
Decided on August 9, 2011
Appellate Division, Second Department
Mother petitioned the family court to modify custody in order to giver her sole custody of the children and reduce father’s visitation. The family court denied mother’s petition.
The Second Department affirmed. The custody arrangement agreed to by the parties in a stipulation may only be granted where there have been sufficient changes in circumstances since the stipulation that modification would be in the best interests of the child. A party seeking modification is not automatically entitled to a hearing. Here, the lower court properly dismissed the petition, which was based on conclusory, unsubstantiated, and nonspecific allegations.