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Liza R. v. Lin F.

Supreme Court, Appellate Division, First Department, New York.
Oct 17, 2013
110 A.D.3d 513 (N.Y. App. Div. 2013)

Opinion

2013-10-17

In re LIZA R., Petitioner–Appellant, v. LIN F., Respondent–Respondent.

Leslie S. Lowenstein, Woodmere, for appellant. Geanine Towers, P.C., Brooklyn (Geanine Towers of counsel), attorney for the child.


Leslie S. Lowenstein, Woodmere, for appellant. Geanine Towers, P.C., Brooklyn (Geanine Towers of counsel), attorney for the child.

Order, Family Court, New York County (Douglas E. Hoffman, J.), entered on or about July 10, 2012, which to the extent appealed from as limited by the briefs, denied the mother's petition to modify a custody order with respect to the parties' youngest child, unanimously affirmed, without costs.

The court properly found, after a full evidentiary hearing at which both parents testified, that there was an insufficient *898change in circumstances to warrant a modification of the custody order, and that such a change was not in the best interests of the child ( see Matter of Maureen H. v. Samuel G., 104 A.D.3d 470, 960 N.Y.S.2d 416 [1st Dept.2013] ). The record shows that the father obtained counseling and tutoring for the child to improve his behavior and academic performance, and that he worked with the child on his homework. By contrast, the mother failed to demonstrate that the child's problems in school would be ameliorated if custody were transferred to her. The child's stated preference is not determinative ( see Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946, 947, 488 N.Y.S.2d 637, 477 N.E.2d 1091 [1985] ), and a forensic examination and report is not necessary.

We have considered the appealing party's remaining contentions and find them unavailing.

TOM, J.P., SWEENY, MANZANET–DANIELS, FEINMAN, CLARK, JJ., concur.


Summaries of

Liza R. v. Lin F.

Supreme Court, Appellate Division, First Department, New York.
Oct 17, 2013
110 A.D.3d 513 (N.Y. App. Div. 2013)
Case details for

Liza R. v. Lin F.

Case Details

Full title:In re LIZA R., Petitioner–Appellant, v. LIN F., Respondent–Respondent.

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Oct 17, 2013

Citations

110 A.D.3d 513 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 6777
972 N.Y.S.2d 897

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