Opinion
7908
12-20-2018
In re MARCO B., Petitioner–Appellant, v. MARNIE ANN J., Respondent–Respondent.
Larry S. Bachner, New York, for appellant. Marnie Ann J., respondent pro se. Tennille M. Tatum–Evans, New York, attorney for the child.
Larry S. Bachner, New York, for appellant.
Marnie Ann J., respondent pro se.
Tennille M. Tatum–Evans, New York, attorney for the child.
Richter, J.P., Manzanet–Daniels, Tom, Gesmer, Kern, JJ.
Order, Family Court, New York County (Carol Goldstein, J.), entered on or about September 20, 2017, which, after a hearing, denied and dismissed petitioner father's application for modification of a prior custody order, unanimously affirmed, without costs.
The record supports the court's finding that modification of the prior custody order was not warranted on the basis of a substantial change in circumstances ( Matter of Nava v. Kinsler, 85 A.D.3d 1186, 926 N.Y.S.2d 310 [2d Dept. 2011] ). While the father had moved to a new apartment, this alone is not sufficient to meet his burden of showing changed circumstances, as required for modification of custody (see St. Clement v. Casale, 29 A.D.3d 367, 368, 815 N.Y.S.2d 51 [1st Dept. 2006] ). Further, it appears that the children are thriving under the present custody arrangement.
We have considered the father's remaining arguments and find them unavailing.