The New York Courts Address a Contested Custody Case

In New York, contested custody issues can be decided by the courts. In all cases, the courts will decide the matter on the basis of the best interests of the child. In this article, the Westchester County, NY, child custody attorneys at the Law Office of Robert S. Sunshine will discuss a real New York family law case in which the court decided a contested custody matter. 

Background of the case 

In this case, the litigants were the divorced parents of two children, and a previous order granting joint custody was entered in 2019, with primary residential custody granted to the mother. The father was granted limited parenting time, including after-school visits and alternating weekends depending on his work schedule.

In 2020, the father filed a petition asking that the custody order be changed. He asserted that a change in circumstances had occurred, citing, among other things, the mother’s misdemeanor conviction, concerns related to the children’s school attendance, and a perceived decline in his relationship with the children. The father requested that he have custody of the children, or, at least more parenting time.

After several hearings, the Family Court found that a chanve in circumstances had occurred since the prior order was entered. The Family Court, however, failed to award custody of the children to either parent as a solo parent. Instead, it established joint legal custody and the parenting schedule was expanded by granting the father more overnight visits with the youngest child.

The mother appealed the decision, arguing that joint custody and expanded parenting time were not warranted.

The appeal 

On appeal, the Appellate Division noted that neither party had challenged the finding that a change in circumstances had occurred. The only issue that the appellate court had to decide was whether the Family Court’s custody and visitation decisions had a sound and substantial basis in the record and were in the best interests of the child.

The Third Department upheld the Family Court’s decision to continue joint legal custody. Despite the tension between the parents, the appellate court found that the level of conflict had not reached a point that would make joint custody unworkable. The appellate court noted that joint custody is appropriate as long as the parents are capable, despite their differences, of communicating and making decisions in the best interests of their children.

The appellate court, however, reversed the trial court’s decision that expanded the father’s overnight visitation. The appellate court noted that the evidence in the record indicated that the father’s relationship with the younger child had deteriorated significantly and that the younger child had problems with overnight visits with the father. The appellate court noted that the evidence in the record indicated that increasing the father’s parenting time could have a negative effect on the younger child’s mental health, and the Third Department remitted the case back to Family Court to make a more appropriate decision regarding visitation.

Talk to a Westchester County, NY, Family Law Attorney Today

The Law Office of Robert S. Sunshine represents the interests of Westchester County residents during their divorce. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/new-york/appellate-division-third-department/2023/534590.html