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Sergei v. Sofia

Appellate Division of the Supreme Court of New York, First Department
Oct 16, 2007
44 A.D.3d 490 (N.Y. App. Div. 2007)

Opinion

No. 1736.

October 16, 2007.

Order, Family Court, New York County (Karen I. Lupuloff, J.), entered on or about October 24, 2006, which, without a hearing, dismissed the petition for change of custody, unanimously affirmed, without costs.

Rosemary Rivieccio, New York, for appellant. Graubard Miller, New York (C. Daniel Chill of counsel), for respondent.

Colleen Samuels, New York, Law Guardian.

Before: Nardelli, J.P., Gonzalez, Sweeny, McGuire and Kavanagh, JJ.


A parent seeking a change of custody is not automatically entitled to a hearing ( Matter of Coutsoukis v Samora, 265 AD2d 482). Where parents enter into a formal custody agreement, it will not be set aside without a showing of a sufficient change in circumstances since the time of the stipulation, and unless the proposed modification is shown to be in the best interests of the child ( Smoczkiewicz v Smoczkiewicz, 2 AD3d 705). Furthermore, no court will modify such an order of custody granted on stipulation, absent such showings ( see Matter of Watts v Watts, 290 AD2d 822, 823-824, lv denied 97 NY2d 614; Family Ct Act § 467 [b]). Here, in settlement of a prior enforcement proceeding, the parties entered into a stipulation on May 16, 2005, reinstated on May 16, 2006, in which petitioner agreed that custody would remain with respondent. Petitioner has not alleged a sufficient change of circumstances since that time to warrant a hearing on a change of custody. The court correctly stated that it would consider future applications for a change of custody if the alleged conduct by respondent was found to continue.


Summaries of

Sergei v. Sofia

Appellate Division of the Supreme Court of New York, First Department
Oct 16, 2007
44 A.D.3d 490 (N.Y. App. Div. 2007)
Case details for

Sergei v. Sofia

Case Details

Full title:In the Matter of SERGEI P., Appellant v. SOFIA M., Respondent

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

Date published: Oct 16, 2007

Citations

44 A.D.3d 490 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 7880
843 N.Y.S.2d 603

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