Appellate Division, First Department · October 15, 2026 · 2026 NY Slip Op 06032
Matter of S.R. v E.C.
Read the official decision: 2026 NY Slip Op 06032
Holding The Appellate Division affirmed the dismissal of the mother’s petition to modify custody because her testimony failed to demonstrate a material change in circumstances. Obtaining a larger apartment and growing closer to the children did not establish a need to alter the existing custody arrangement for the children’s best interests.
The court’s words
the mother's testimony failed to show a material change in circumstances warranting modification of the November 6, 2023, custody order
2026 NY Slip Op 06032, at the official text
did not establish a material change of circumstances requiring a modification to protect the continued best interests of the children
2026 NY Slip Op 06032, at the official text
she failed to make an evidentiary showing sufficient to warrant it
2026 NY Slip Op 06032, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 15, 2026 |
| Citation | 2026 NY Slip Op 06032 |
| Area of law | Family Law |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06032 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1291 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of S.R. v E.C., 2026 NY Slip Op 06032 (Appellate Division, First Department, October 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06032/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works