MURRAY v. MURRAY (2020)

MEMORANDUM AND ORDER

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

Memorandum:  Defendant mother appeals from an order modifying a prior custody and visitation order by, inter alia, awarding plaintiff father sole custody of the parties' children.

We reject the mother's contention that Supreme Court erred in finding that the father established a change in circumstances from the prior order of custody and visitation.  “A party seeking a change in an established custody arrangement must show a change in circumstances [that] reflects a real need for change to ensure the best interests of the child[ren]” (Matter of Foster v. Foster, 128 A.D.3d 1381, 1381, 7 N.Y.S.3d 790 [4th Dept. 2015], lv denied 26 N.Y.3d 901, 2015 WL 5123425 [2015] [internal quotation marks omitted] ).  Here, the father established the requisite change in circumstances based on the parties' heightened inability “to communicate in a manner conducive to sharing joint custody” (Matter of Unczur v. Welch, 159 A.D.3d 1405, 1406, 72 N.Y.S.3d 680 [4th Dept. 2018], lv. denied 31 N.Y.3d 909, 2018 WL 2924938 [2018];  see Matter of Ladd v. Krupp, 136 A.D.3d 1391, 1392, 24 N.Y.S.3d 834 [4th Dept. 2016]) and the mother's violation of a prior order of the court (see generally Matter of Moreno v. Elliott, 170 A.D.3d 1610, 1611, 94 N.Y.S.3d 500 [4th Dept. 2019]).  Contrary to the mother's further contention, we conclude that a sound and substantial basis exists in the record to support the court's determination that an award of sole custody to the father is in the best interests of the children (see generally id.).

We have reviewed the mother's remaining contention and conclude that it does not warrant modification or reversal of the order.