Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Eldrid Sequeira, Plaintiff–Appellant, v. Rachel Sequeira, Defendant–Respondent.
_
Order, Supreme Court, New York County (Lori S. Sattler, J.), entered August 13, 2013, which modified the terms of the parties' custody agreement and granted sole legal custody of the parties' son to defendant mother, unanimously affirmed, without costs.
The determination that it is in the child's best interests to modify the parties' joint custody agreement to award respondent mother sole legal custody has a sound and substantial basis in the record (Eschbach v. Eschbach, 56 N.Y.2d 167, 171 [1982] ), which establishes that there was a complete breakdown in communication between the parties resulting in their inability to agree on issues concerning the child (see Trapp v. Trapp, 136 A.D.2d 178, 181 [1st Dept 1988] ). Indeed, the parties filed approximately nine motions, within a period of less than five years, seeking judicial intervention in various matters concerning the child. The inability to communicate and the court's finding that the father's disdain for the mother is “palpable” constitute a sufficient change in circumstances warranting modification of the agreement.
Plaintiff's claims that his constitutional rights were violated by the court's modification of the parties' custody agreement is unavailing. “No agreement of the parties can bind the court to a disposition other than that which a weighing of all of the factors involved shows to be in the child's best interest” (Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 95 [1982] ).
We have considered plaintiff's additional arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
_
CLERK
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: 1309 4
Decided: October 02, 2014
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)