AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of JON B. LAMB, Appellant, v. MAUREEN D. LAMB, Respondent.

Order unanimously affirmed with costs. Memorandum: Petitioner appeals from an order dismissing his petition for modification of a divorce decree to grant him custody of the infant children. The standard for modifying a prior custody award is well established: the best interests of the children under the prevailing circumstances (see, Friederwitzer v Friederwitzer, 55 N.Y.2d 89, 95; Matter of Borst v Borst, 137 A.D.2d 890, 891; Matter of Robb v McIntosh, 99 A.D.2d 571). Where modification of an existing custody decree is sought, the prior decree and the circumstances on which it was based must be given great consideration because stability is a significant factor in determining a child's best interests (Friederwitzer v Friederwitzer, supra; Matter of Nehra v Uhlar, 43 N.Y.2d 242, 250). There was no evidence adduced at the hearing that respondent was an unfit parent and, in fact, the court-appointed psychologist testified that both parents were equally capable of raising the children. Nor was there any evidence to support petitioner's allegation that respondent was suffering from a mental illness.

Family Court's determination was based on the testimony of the witnesses, psychological reports, and an in camera interview with the children. The determination dismissing the petition is a matter addressed to the discretion of the court and we decline to disturb it (see, Matter of Darlene T., 28 N.Y.2d 391, 395; Matter of Robb v McIntosh, supra).

Use AI to get other relevant cases.

Comments

MATTER OF LAMB v. LAMB
(Dec 29, 1993)