Opinion
Nos. 2008-11340, (Docket Nos. V-01540-03, V-01541-03).
December 22, 2009.
In a child custody proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Queens County (Seiden, Ct. Atty. Ref), dated September 2, 2008, which, after a hearing, denied his petition for a change of custody of the parties' children.
Steven P. Forbes, Jamaica, N.Y., for appellant.
Steven P. Forbes, Jamaica, N.Y., for appellant. Salvatore C. Adamo, New York, N.Y., for respondent.
John C. Macklin, New Hyde Park, N.Y., attorney for the children.
Before: Rivera, J.P., Miller, Leventhal and Chambers, JJ., concur.
Ordered that the order is affirmed, without costs or disbursements.
"[W]here parents enter into an agreement concerning custody, it will not be set aside unless there is a sufficient change in circumstances since the time of the stipulation and unless the modification of the custody agreement is in the best interests of the child" ( Matter of Lopez v Infante, 55 AD3d 837, 837-838). The Family Court's determination to deny, after a hearing, the father's petition for a change of custody of the parties' children is supported by a sound and substantial basis in the record ( see Matter of Marriott v Hernandez, 55 AD3d 613, 613-614; Matter of Moorehead v Moorehead, 197 AD2d 517, 519). Accordingly, there is no basis to disturb the Family Court's determination.