BROCKINGTON v. ALEXANDER (2006)

 Petitioner commenced this proceeding seeking to modify a prior custody order by awarding sole custody of the parties' child to him and permitting “the child [to] relocate to Alabama with [him].”   We conclude that Family Court properly granted the petition.   We note at the outset that the prior custody order awarded sole custody to respondent upon the default of petitioner, and the “ ‘general rule with respect to opening defaults in civil actions is not to be applied as rigorously in actions or proceedings involving the custody, care and support of children’ ” (Matter of Precyse T., 13 A.D.3d 1113, 1113-1114, 788 N.Y.S.2d 542).   The record supports the court's determination that an award of sole custody to petitioner is in the best interests of the child (see generally Ideman v. Ideman, 168 A.D.2d 1001, 1002, 565 N.Y.S.2d 352), and the court properly considered the factors set forth in Matter of Tropea, 87 N.Y.2d 727, 740-741, 642 N.Y.S.2d 575, 665 N.E.2d 145 in determining that petitioner established by a preponderance of the evidence that the relocation to Alabama would serve the child's best interests.

 Contrary to respondent's further contention, the court did not err in precluding respondent from presenting in evidence the “unfounded” report of alleged child abuse and maltreatment against her boyfriend (see Social Services Law § 422[5][b];  Family Ct. Act § 651-a) and in admitting in evidence the “indicated” report of inadequate guardianship against respondent.   Respondent failed to preserve for our review her further contention that the court erred in allowing two witnesses to testify regarding the alleged abuse of the child by her boyfriend (see generally Matter of Jamel Isaiah R., 18 A.D.3d 558, 795 N.Y.S.2d 91;  Matter of Derrick T.M., Jr., 286 A.D.2d 938, 730 N.Y.S.2d 756).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: