When Custody Becomes Contested: How New York Courts Decide What Is Best for a Child

Custody battles are never simple, especially in instances where there are irreconcilable differences between the two parents regarding child-rearing practices. Ultimately, under New York law, in all cases regarding custody, there is one overriding consideration: What is in the best interests of the child? Recent proceedings in a contested custody battle heard by New York’s appellate division give a good indication of what considerations are taken into account in matters regarding parenting behavior and reliability.

Background of the case

In this case, the parents were engaged in a contentious custody battle over their minor child. During the early stages of the case, the court tried to facilitate a shared custody agreement for the child, including joint decision-making rights. However, issues concerning conflict between the parents and the impact the conflict was having on the child arose.

The case involved hearing testimonies from both parents and reviewing evidence pertaining to parenting behavior, communication, and the daily welfare of the child. The ability of each parent to provide a stable environment for the child was a paramount consideration for the court’s final decision that joint custody was no longer tenable.

In this case, based on the evidence, the family court made an order that gave one of the parents legal and physical custody of the child. The other parent was awarded periods of parenting time, although these periods were limited and under supervision due to concerns about the safety and well-being of the child. The court determined that supervised visitation was in the best interests of the child.

The appeal

In this case, the father was awarded sole custody of the child. The mother appealed the decision handed down by the trial court. The appeal alleged that there were errors in the assessment of the evidence and the credibility of the parties. As is typical in appeals involving child custody, the appealing party sought a different result than the one reached the first time around.

The appellate court held that custody appeals require a deferential standard of review. It is not appropriate to retry custody issues or substitute the court’s judgment in these matters. Rather, the court reviews whether there was a sound and substantial basis in the record supporting the decision of the family court.

Upon reviewing the transcripts and the evidence, the appeals court found that the family court evaluated all of the relevant circumstances. The court held that the order of custody had been supported by testimony and assessments of credibility made by the family court. Since there had been a supportable finding that the child’s interests would be best met with sole custody and supervised visitation, the appellate court affirmed the trial court’s decision.

Talk to a Westchester County, NY, Child Custody Lawyer Today

The Law Office of Robert S. Sunshine represents the interests of Westchester County parents who need to revise or establish a custody arrangement. 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/2024/cv-23-0740.html