In Matter of Smith v. White , Kayce Smith wanted to have a prior child custody arrangement she had with Kevin White, her daughter's father, altered due to a "change in circumstances."
Kayce and Kevin's agreement gave Kevin primary custody and allowed Kayce to see her daughter on alternate weekends. (Kayce was denied primary custody due to her unstable living environment -- the result of her frequent moves and job changes.)
After Kevin and his wife separated, Kayce claimed the child would be better off with her now that Kevin's wife had moved out and he no longer had the time to care for the child.
When the Broome County Family Court denied her request, Kayce appealed to the Appellate Division, Third Department, which noted that an "'existing custody arrangement will not be altered absent a showing of changed circumstances demonstrating a real need for a change to ensure the child's best interest.'" Even though his wife had moved out of the home, Kevin's latest work schedule allowed him "more time off" than it previously did. As a result, the kid's interests were still served by allowing her to remain with her dad
Kevin wasn't about to lose control .
To download a copy of the Appellate Division's decision, please use this link: Matter of Smith v. White