Summary
In Matter of Ash v. Jones (281 AD2d 930, 930), we noted that the court had previously determined that extraordinary circumstances exist and held that "a change in custody is warranted only if it is in the best interests of the child."
Summary of this case from In the Matter of Guinta v. DoxtatorOpinion
March 21, 2001.
Appeal from Order of Monroe County Family Court, Willis, J.H.O., J. — Custody.
PRESENT: PIGOTT, JR., P. J., HAYES, SCUDDER, BURNS AND LAWTON, JJ.
Order unanimously affirmed without costs.
Memorandum:
Respondent father appeals from an order that, inter alia, denied his cross petition seeking custody of his child, who has been in the custody of petitioner, her maternal grandmother. Family Court made a prior determination that extraordinary circumstances exist ( see, Matter of Michael G. B. v. Angela L. B., 219 A.D.2d 289, 292), and that determination was not challenged by respondent. Consequently, a change in custody is warranted only if it is in the best interests of the child ( see, Matter of Ammann v. Ammann, 209 A.D.2d 1032, 1033), and the record supports the court's determination that it is in the child's best interests to remain in petitioner's custody. Contrary to respondent's contention, the court did not improperly delegate its authority to determine the best interests of the child ( see, Matter of Hennelly v. Viger, 198 A.D.2d 224, 225).