Soper v. Soper

203 A.D.3d 1162

163 N.Y.S.3d 417 (Mem)

In the Matter of Andrew SOPER, respondent,

v.Courtney SOPER, appellant.

2020–04553

Docket Nos. V–19524–19/20C, V–19525–19/20C, V–19526–19/20C

Supreme Court, Appellate Division, Second Department, New York.

Submitted—March 4, 2022

March 30, 2022

Salvatore C. Adamo, New York, NY, for appellant.

Jordan M. Freundlich, Lake Success, NY, attorney for the children.

ANGELA G. IANNACCI, J.P., ROBERT J. MILLER, JOSEPH A. ZAYAS, DEBORAH A. DOWLING, JJ.

DECISION & ORDER

In related proceedings pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (James F. Quinn, J.), dated June 8, 2020. The order, without a hearing, granted the father's petition to modify the parties’ stipulation of custody and parental access dated April 12, 2018, so as to award the father sole decision-making authority with regard to the medical care of the parties’ children.

ORDERED that the order is affirmed, without costs or disbursements.

Andrew Soper (hereinafter the father) and Courtney Soper (hereinafter the mother) are the formerly married parents of three children. Pursuant to a stipulation of custody and parental access dated April 12, 2018 (hereinafter the custody stipulation), which was incorporated but not merged into the parties’ judgment of divorce entered July 23, 2019, the parties agreed to joint legal custody of the children and to defer medical decisions for the children to specified pediatricians. In January 2020, the father petitioned to modify the custody stipulation so as to award him sole decision-making authority with regard to the children's medical care. The father alleged that the mother had violated the custody stipulation by obtaining medical care for the children from pediatricians other than those named in the custody stipulation, that the mother was refusing to give consent for the children to receive vaccinations, and that the youngest child had been prohibited from attending school until the school district received proof that the child was up to date on his vaccinations . In an order dated June 8, 2020, the Family Court granted the father's petition, and the mother appeals.

"Modification of a court-approved stipulation setting forth the terms of custody or parental access is permissible only upon a showing that there has been a sufficient change in circumstances such that modification is necessary to ensure the best interests and welfare of the child" ( Matter of Burke v. Squires, 202 A.D.3d 784, ––––, 162 N.Y.S.3d 434, 2022 N.Y. Slip Op 00861, *2 [2d Dept.] ; see Matter of Bodre v. Stimatz, 150 A.D.3d 1228,...