Matter of Julian v. Carey

Full title: In the Matter of JUNE JULIAN, Also Known as JUNE CAREY, Appellant, v…

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

Date published: Oct 16, 1986

124 A.D.2d 318 (N.Y. App. Div. 1986)

Opinion

October 16, 1986

Appeal from the Family Court of Saratoga County (Ferradino, J.).

Mikoll, J.

Prior to the commencement of this proceeding, custody of the child had been placed by court order with respondent. Petitioner had the burden of demonstrating a sufficient change in circumstances to show a real need to effect a change to insure the welfare of the child (see, Matter of Miller v Miller, 74 A.D.2d 663-664). We see no reason on this record to interfere with the discretion exercised by Family Court (see, Veronica M v Jacob N, 55 A.D.2d 689).

Order affirmed, with costs. Mahoney, P.J., Main, Casey, Mikoll and Harvey, JJ., concur.