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.
IN RE: Felicia VASQUEZ-WILLIAMS, respondent, v. Vincent WILLIAMS, appellant.
In a custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Suffolk County (MacKenzie, J.), dated August 24, 2005, which, after a hearing, inter alia, granted the mother's petition to modify the custody provisions of the parties' judgment of divorce and awarded her sole custody of the subject children.
ORDERED that the order is affirmed, with costs.
A parent seeking a change in custody must make an initial evidentiary showing sufficient to warrant a hearing (see McNally v. McNally, 28 A.D.3d 526, 816 N.Y.S.2d 98; Smoczkiewicz v. Smoczkiewicz, 2 A.D.3d 705, 770 N.Y.S.2d 101; Corigliano v. Corigliano, 297 A.D.2d 328, 329, 746 N.Y.S.2d 313; Teuschler v. Teuschler, 242 A.D.2d 289, 660 N.Y.S.2d 744). Contrary to the father's contention, the mother's allegations that he imposed excessive and inappropriate discipline on the subject children, including corporal punishment, was sufficient to warrant a hearing.
“A change of custody should be made only if the totality of the circumstances warrants a modification” (Corigliano v. Corigliano, supra at 329, 746 N.Y.S.2d 313; see Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 95-96, 447 N.Y.S.2d 893, 432 N.E.2d 765). On this record, we discern no basis to disturb the Family Court's determination, made after a hearing and in camera interviews with the subject children (see Matter of Lincoln v. Lincoln, 24 N.Y.2d 270, 272, 299 N.Y.S.2d 842, 247 N.E.2d 659), that it was in their best interests to award custody to the mother (see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260; Friederwitzer v. Friederwitzer, supra at 93-95, 447 N.Y.S.2d 893, 432 N.E.2d 765).
The father's remaining contentions are without merit.
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.
Decided: September 12, 2006
Court: Supreme Court, Appellate Division, Second 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)