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Matter of Baldassare v. Spina-Baldassare

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 899 (N.Y. App. Div. 1995)

Opinion

June 9, 1995

Appeal from the Monroe County Family Court, Bonadio, J.

Present — Denman, P.J., Green, Fallon, Doerr and Balio, JJ.


Order unanimously affirmed without costs. Memorandum: There is no merit to the contention of petitioner that Family Court's order denying his petition for modification of the parties' divorce decree and placing sole custody of the parties' two daughters with respondent was an abuse of discretion. There is also no merit to the contention that the order was against the weight of the evidence. The record reveals that the court properly considered the relevant facts and circumstances in ascertaining the best interests of the children, including the continuity and stability of the existing custodial arrangement, the relative fitness of the parents and the length of time the present custodial arrangement has continued (see, Fox v. Fox, 177 A.D.2d 209). Petitioner failed to carry his burden of demonstrating that a change in custody is in the children's best interests (see, Fox v. Fox, supra, at 210).

We have considered the remaining contentions raised by petitioner and conclude that they are without merit.


Summaries of

Matter of Baldassare v. Spina-Baldassare

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 899 (N.Y. App. Div. 1995)
Case details for

Matter of Baldassare v. Spina-Baldassare

Case Details

Full title:In the Matter of LAWRENCE J. BALDASSARE, Appellant, v. ROSE MARY K…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 9, 1995

Citations

216 A.D.2d 899 (N.Y. App. Div. 1995)
629 N.Y.S.2d 698