Julian v. Carey (124 A.D.2d 318, 1986)

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 AD2d 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 AD2d 689).

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