A New York appellate court has upheld a Family Court decision denying a father's request to modify a custody arrangement. The ruling affects the custody of a child diagnosed with asthma and highlights the importance of demonstrating a significant change in circumstances for custody modifications.

The case, Matter of S.L. v. R.S.M., was decided by the Appellate Division of the Supreme Court of the State of New York on November 12, 2026. The court affirmed the lower court's decision without costs, stating that the father, R.S.M., failed to provide sufficient evidence to warrant a change to the existing custody order established in 2018.

Background

The parties involved in this case are S.L., the mother, and R.S.M., the father, both of whom represented themselves in court. The dispute centers around the custody of their child, who has a history of asthma. In 2018, Family Court awarded custody to S.L., but R.S.M. sought to modify this arrangement, claiming that changes in circumstances warranted a review of the custody order.

The case reached the appellate court after R.S.M. appealed a decision made by Family Court in New York County, which had denied his petition for custody modification on April 14, 2025. The Family Court conducted a fact-finding hearing to assess the claims made by both parents regarding the child's medical needs and the appropriateness of the current custody arrangement.

The Ruling

The Appellate Division ruled unanimously to affirm the Family Court's decision, stating, "Family Court properly determined that there was no change in circumstances warranting a modification of the 2018 custody order." The judges included Kennedy, J.P., Friedman, Rodriguez, O'Neill Levy, and Parker-Raso.

The court found that R.S.M. did not provide compelling evidence to support his claims of difficulties related to the child's asthma. The opinion noted that while R.S.M. testified about the challenges he faced, he did not specify what those challenges were. The court emphasized that Family Court was in the best position to evaluate the credibility of witnesses and their testimonies, stating, "the father's evidentiary rulings argument is not supported by the record."

Impact

This ruling reinforces the legal standard that parents seeking to modify custody arrangements must demonstrate a significant change in circumstances. The court's decision serves as a reminder that merely expressing concerns about a child's health, such as asthma, is not enough to justify a change in custody. Parents must provide clear evidence of how their circumstances have changed since the original order.

The ruling also highlights the importance of the trial court's role in assessing witness credibility. The appellate court's deference to Family Court's findings indicates that lower courts have significant discretion in evaluating the facts of custody cases. This decision may influence future custody disputes, emphasizing the need for parents to prepare thoroughly and substantiate their claims with detailed evidence.

What's Next

R.S.M. has the option to appeal this decision to the New York Court of Appeals, the state's highest court. However, details about any related cases or further appeals were not available in the court filing.