MATTER OF FELICIA S.A. v. GARY C.

4829.

154 A.D.3d 628 (2017)

2017 NY Slip Op 07563

62 N.Y.S.3d 790

In the Matter of FELICIA S.A., Appellant, v. GARY C., Respondent. In the Matter of GARY C., Respondent, v. FELICIA S.A., Appellant.

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

Decided October 31, 2017.


The record does not support the mother's contention that there was a prior custody arrangement in place, and thus the court's paramount consideration is the "ultimate best interest" of the children as opposed to whether there has been a change in circumstances (Friederwitzer v Friederwitzer, 55 N.Y.2d 89, 94 [1982]). The Family Court's finding that it was in the children's best interest to award joint legal and physical custody to...

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