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IN RE JAMEL W., pet-ap, v. STACEY J., res-res

271. IN RE JAMEL W., pet-ap, v. STACEY J., res-res — Leslie S. Lowenstein, Woodmere, for ap — Robert Schnapp, New York, for res — KAREN FREEDMAN, LAWYERS FOR CHILDREN, INC., NEW YORK (SHIRIM NOTHENBERG OF COUNSEL), ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (George L. Jurow, JHO), entered on or about July 25, 2014, which denied petitioner father's petition for joint custody of the parties' child, granted respondent mother's cross petition for sole legal and residential custody, and required the father to undergo monthly psychiatric monitoring as a component of unsupervised visitation, unanimously affirmed, without costs.

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271. IN RE JAMEL W., pet-ap, v. STACEY J., res-res — Leslie S. Lowenstein, Woodmere, for ap — Robert Schnapp, New York, for res — KAREN FREEDMAN, LAWYERS FOR CHILDREN, INC., NEW YORK (SHIRIM NOTHENBERG OF COUNSEL), ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (George L. Jurow, JHO), entered on or about July 25, 2014, which denied petitioner father’s petition for joint custody of the parties’ child, granted respondent mother’s cross petition for sole legal and residential custody, and required the father to undergo monthly psychiatric monitoring as a component of unsupervised visitation, unanimously affirmed, without costs.

There is a sound and substantial basis in the record for the court’s determination that the best interests of the child are served by awarding sole legal and physical custody to the mother (see Eschbach v. Eschbach, 56 NY2d 167, 173 [1982]). The record establishes that joint custody was not appropriate due to the acrimonious nature of the parties’ relationship; the father’s inability to co-parent, shown by his disdain for the mother, his confrontational style, his refusal to listen to her, and his criticism of her parenting skills (see Braiman v. Braiman, 44 NY2d 584, 587 [1978], Lubit v. Lubit, 65 AD3d 954 [1st Dept 2009], lv denied 13 NY3d 716 [2010]).

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