MATTER OF RUSSELL v. RUSSELL

2009-07436

72 A.D.3d 973 (2010)

900 N.Y.S.2d 106

In the Matter of JOSEPH T. RUSSELL, Respondent, v. JENNIFER RUSSELL, Appellant.

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

Decided April 20, 2010.


Ordered that the order dated July 8, 2009, is reversed, on the law, on the facts, and in the exercise of discretion, without costs or disbursements, the father's petition to modify the order of custody and visitation dated January 11, 2008, is denied, and a subsequent visitation order of the Family Court, Suffolk County, dated August 13, 2009, is vacated.

To modify an existing custody arrangement, there must be a showing of a change in circumstances such that modification...

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