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Description:

Rochester, New York divorce lawyers represented the parties in a marriage dissolution case.


The parties to this post-judgment modification of custody proceeding were previously married and share three children in common, namely, Y.B.D.; E.B.D.; and E.C.B.D. (hereinafter: the Children). The parties entered into a Stipulation of Settlement, which was incorporated but did not merge with the parties Judgment of Divorce.

Int he parties' stipulation, the parties agreed that the Mother shall have "sole decision-making power with regard to all decisions concerning the Children." The agreement provides for a well-detailed consultation process, but in the end the Mother retains sole decision-making authority after good-faith consultation with the Father.

As to physical custody and parenting time, the parties stipulated that "[t]he Children's primary residence shall be with the Mother" and the Father is provided with liberal parenting time. The parties parenting time schedule is extremely well-detailed and nuanced, changing based on the Children's aging. As of the time this application was brought, the Father enjoys the following parenting time schedule: (1) alternate weekends from Friday afternoon to Monday morning; (2) weekly Wednesday overnights until Thursday morning; and (3) Thursday overnights on weeks the Father does not have alternate weekends.

V.B. v. R.B.D., 2024 NY Slip Op 51079(U) (N.Y. Sup. Ct. Aug 08, 2024)

Outcome:
Here, "there is no question the parties have differing parenting styles" that at times cause conflict; however, there is not a sufficient alleged change in circumstances based on the totality of the circumstances. (Matter of Rosen v Rosen, 162 A.D.3d 1283, 1285 [2d Dept 2018]). The accusations, even as accepted as true, do not rise to a level sufficient to warrant subjecting the Children to the trauma and stress of further modification proceedings. (See David W. v Julia W., 158 A.D.2d 1, 6-7 [1st Dept 1990]; D.G., supra ["The change in circumstances threshold question is a necessary judicial safeguard to avoid subjecting families to unnecessary litigation and the ordeal of a hearing on the sensitive issue of custody."]). However, being cognizant of that conflict, the Court does find it appropriate to appoint a parenting coordinator to facilitate a productive dialogue between the parties to reduce the tension in this family for the benefit of the parents, and more importantly, the Children.
V.B. v. R.B.D., 2024 NY Slip Op 51079(U) (N.Y. Sup. Ct. Aug 08, 2024)

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