When Joint Custody Breaks Down: What a New York Contested Custody Appeal Teaches Parents

Custody disputes are among the most stressful events a parent can encounter in family court. It can become impossible to effectively communicate with the other parent. Joint custody is not always a viable solution once communication no longer occurs. The court is frequently called upon to make a determination in a custody agreement that already exists. A recent appeal on a custody dispute illustrates the process a court takes in making a determination.

Background of the case

In this particular case, the parents jointly had legal custody of their child. At the time the original custody order was issued, the court felt that the two parents could collectively provide for the child’s needs. However, it didn’t end up that way.

This resulted in a degradation of the parents’ relationship. They found it very hard to communicate with each other, fighting frequently on key matters, and were not in a position to collaborate in a manner that was beneficial to the child. One parent brought the case before the family court to change the custody arrangement. They pleaded that joint legal status had ceased to be possible, and further, that the child’s interests were not being served as a result of the arrangement already in place.

During the hearing, both parents testified and presented evidence to the court that indicated how decisions were being made and how the child was being impacted by the parental conflict. In situations like these, the courts will always defer to the child’s best interests. In this case, the family court decided that joint legal custody was not in the child’s best interests and should be awarded to only one of the parents. They thus awarded sole legal custody to the father.

The appeal

The mother appealed. According to her, the court didn’t fail to observe the law, it decided wrongly based on the facts. The appeals court went on to describe an important aspect of appeals that many parents aren’t aware of. An appeal is not a do-over. The appeals court does not reassess the evidence and decide which parent would be preferable. They evaluate whether the trial court’s decision was based on sound and substantial evidence.

Under the circumstances, the appellate court was satisfied that the family court had carefully weighed the evidence on record and was justified in finding that the parents were unable to share decision-making responsibilities. Thus, the custody change was upheld on appeal. 

Key takeaways from the case

In this particular case, there are a few points worth covering. For one, joint legal custody requires the need for cooperation. In situations where communication can’t happen, the court will generally not award joint custody.

In addition, the decisions made at trial are important. The judges, who have the opportunity to hear evidence orally and assess the presence of contending parties, enjoy a considerable amount of discretion when making decisions. 

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

The Law Office of Robert S. Sunshine represents the interests of Rockland County residents during custody disputes. Call our Rockland 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-second-department/2025/2023-01140.html