Matter of Frank CC. v Samantha BB.

Holding The Appellate Division affirmed the Family Court’s order modifying custody to grant the father primary physical custody, finding that the child’s exposure to domestic violence constituted a change in circumstances warranting a best interests review. The court determined that the mother’s instability and the father’s stable environment provided a sound and substantial basis for the modification.

The court’s words

the mother exposed the child to inappropriate behavior and potentially dangerous situations

2026 NY Slip Op 06183, at the official text

reflected a change in circumstances that warranted a review of what custodial arrangement would be in the child's best interests

2026 NY Slip Op 06183, at the official text

the mother's numerous changes in residence and romantic relationships from 2020 onward nevertheless reflected instability and poor judgment

2026 NY Slip Op 06183, at the official text