Walshon v. Walshon
In Walshon v. Walshon, 42 Conn. App. 651, 681 A.2d 376 (1996), the defendant mother, the noncustodial parent, appealed from the judgment of the trial court dismissing her postjudgment motion for modification of custody where she had failed to demonstrate a substantial change in circumstances as a prima facie case. Id., at 652.
Affirming the trial court's dismissal, this court held that "our Supreme Court has limited the broad discretion given the trial court to modify custody orders under General Statutes 46b-56 by requiring that modification of a custody award be based upon either a material change of circumstances which alters the court's finding of the best interests of the child . . . or a finding that the custody order sought to be modified was not based upon the best interests of the child." Walshon v. Walshon, supra, 42 Conn. App. at 657.
The Court concluded that the court properly based its decision on both of those critical considerations. Id.