Parent, Child and Family - Custody - Standing - Party Not Aggrieved by Custody Order

Appeal - Parties Aggrieved - Dismissal of Custody Modification Petition

Appeal from order, Family Court, New York County (Jessica I. Bourbon, J.), entered on or about December 9, 2024, which dismissed petitioner mother's custody modification petition with respect to the parties' youngest child, unanimously dismissed, without costs, for lack of standing.

The father lacks standing to challenge the December 2024 order because the order neither denied any relief sought by him nor made a determination concerning his legal rights or direct interests (see CPLR 5511; see also Matter of Joseph A. v Laurie J., 124 AD3d 1090, 1090-1091 [3d Dept 2015]). The father never moved for relief in Family Court regarding custody. The fact that he is the children's father and a party to the proceedings does not, by itself, establish that he is aggrieved by the dismissal of the mother's petition (see Matter of Valenson v Kenyon, 80 AD3d 799, 799 [3d Dept 2011]). Furthermore, the December 2024 order did not grant the relief the mother was seeking (see Matter of Johnson v Johnson, 209 AD3d 1314, 1315 [4th Dept 2022]). Nor is the father aggrieved simply because he may disagree with the findings, rationale or the opinion supporting the order (see Moore v City of New York, 220 AD3d 767, 768 [2d Dept 2023]). Concur—Manzanet-Daniels, J.P., Kapnick, Shulman, Rosado, Hagler, JJ.