ADDITIONAL CASES In the Matter of a Proceeding Under Article 6 of the Family Court Act: Nicole Dziegielewski, Petitioner v. Andre Giannakopoulos, Respondent; 623501 DECISION AND ORDER AFTER TRIAL RELEVANT PROCEDURAL HISTORY Andre Giannakopoulos (hereinafter, the “Father”) and Nicole Dziegielewski (hereinafter, the “Mother”) were married on October 27, 2011. There are two children born of the parties’ marriage, to wit: Andre Giannakopoulos, born February 6, 2006 and Jack Giannakopoulos, born October 27, 2009 (hereinafter, the “Children” or “Andre” or “Jack”). The parties were subsequently divorced pursuant to a Judgment of Divorce entered by the Nassau County Clerk’s Office on January 15, 2020 (hereinafter, the “Judgment”). Incorporated into, but not merged with, the Judgment is the parties’ Stipulation of Settlement dated October 28, 2019 (hereinafter, the “Stipulation”). Pursuant to the terms of the Judgment, the parties share joint legal and joint residential custody of the Children, subject to the Father’s parenting time. On April 11, 2022, the Father filed a “Petition for Modification of an Order of Custody,” Docket Numbers V-2831-22/22A and V-2832-22/22A (hereinafter, the “Father’s Petition”), seeking, inter alia, an order of residential custody concerning Andre, on the basis that the Mother, “kicked Andre out of her home” on February 8, 2021 and Andre now resides with him. The Father’s Petition was first calendared before this Court on June 10, 2022, on which date, the Mother, the Father and the Father’s Attorney, Jamie Stein, Esq., appeared. An Attorney for the Children, Steven R. Herman, Esq. (hereinafter, the “AFC”), was appointed. The Father withdrew the portion of his petition concerning Jack. The Mother’s Attorney, Harry Thomasson, Esq., requested an adjournment of the proceedings, and the matter was scheduled to July 6, 2022. On July 6, 2022, the parties, their attorneys, and the AFC appeared. The Father’s Petition was adjourned to September 7, 2022, for a conference, which was ultimately re-scheduled to September 22, 2022. Trial dates of October 24, 2022, and October 26, 2022, and an in camera interview with Andre were scheduled. On September 22, 2022, the parties and counsel appeared for a conference. A settlement was not reached, and the Father’s Petition was adjourned to October 21, 2022, for a final, pre-trial conference. On September 23, 2022, the Mother filed a “Petition for Enforcement of Order of Custody and Visitation Made by the Nassau County Supreme Court” with this court, Docket Numbers V-2831-22/22B and V-2832-22/22B (hereinafter, the “Mother’s Petition”), requesting, inter alia, enforcement of the Judgment, in that Andre should be returned to the Mother’s residential custody, that the Mother should be given access to Andre forthwith, that the parties be ordered into counseling, and that the Father pay for the costs associated with counseling. On October 21, 2022, all parties and counsel appeared before this Court. As a settlement had not been reached, the matter was marked for trial, to commence on October 25, 2022. On October 25, 2022, the Mother filed an in limine motion with this Court. After oral argument, the motion was denied. The hearing on the petitions commenced on October 25, 2022 and concluded on October 26, 2022. Prior to the start of the hearing, counsel for the Mother and the Father narrowed the “scope” of the trial. The Father’s Attorney indicated that the Father was seeking an order of custody for Andre, and an order of therapeutic visitation for the Mother. The Mother’s Attorney indicated that “for different reasons, each side is asking for residential custody.”1 Neither party sought any relief concerning Jack. The only witnesses to testify at the trial were the Father and the Mother. An in camera interview pursuant to Lincoln v. Lincoln 24 NY2d 270 was conducted by this Court on October 26, 2022 with Andre and the AFC present. At the conclusion of the trial, the parties were directed to submit memorandum of law and Decision was reserved. FINDINGS OF FACT The Father’s Testimony: The Father testified that he and the Mother married on October 27, 2011, and that there are two children born of the marriage: Andre, born February 6, 2006, and Jack, born October 27, 2009. The Father and the Mother are now divorced. The Father testified that Andre is in the eleventh grade, and that Jack is in the eighth grade. The Father testified that he and the Mother began having difficulties in 2016, and in 2017, they made the decision that “they weren’t going to be together anymore.” According to the Father, the divorce papers were signed in October 2019 and then “confirmed” by the judge in 2020. The Father’s Attorney requested that the court take judicial notice of the Judgment, to which no objection was raised. The Stipulation was also entered into evidence as Petitioner’s “1,” without objection. The Father testified that “205 Cypress Lane West, Westbury New York” had been the marital residence, and that he currently resides at this address. The Father testified that the family resided there for approximately thirteen years. The Father stated that he lives in the children’s school district. The Father testified that he has joint legal and residential custody of the children. The Father stated that his parenting time was Friday after school until Sunday at 8:00 pm. The Father stated that he and the Mother agreed to joint residential custody so that the children could remain in their “current superior” school district. The Father testified that he and the Mother did not actually “stick” to the parenting schedule set forth in the Stipulation. According to the Father, he had the children for about half of the time. The Father testified that Andre came to permanently reside with him on February 8, 2021. The Father stated that on February 8, 2021, the Mother “kicked” Andre out of her house. According to the Father, the Mother sent him a text message that she took away Andre’s cell phone, that she made Andre “leave” and that she didn’t know where Andre was going. The Father testified that that this all took place while he was at work. In evidence as Petitioner’s “2″ is the text message between the Father and the Mother. The text message states: Mother: Hey! I know your busy but you should know that I just took Andre’s phone & made him leave the house. Dont know where he is going but he needs help & im not gonna die trying to fix him. Father: Omg! I’m having a very rough day What happened? Mother: Don’t worry about it. Im not trying to stress you. He can’t go far. I have to stop caring! Father: I’ll call you later. Can’t talk now Mother: Ok The Father testified that Andre walked to his home that night. The Father testified that Andre told him that he walked, in the cold, without a coat, to the Father’s home. The Father stated that his home is approximately two miles from the Mother’s home. The Father stated that he understood that the Mother “kicked” Andre out, because they had an altercation. The Father stated that he and the Mother discussed Andre living with him. The Father stated that he assured the Mother that he would take care of Andre for now, because Andre did not want to have anything to do with her. The Father stated that he told the Mother that they would get Andre “help” and that they would rebuild Andre’s relationship with her. According to the Father, this wasn’t the first time an incident occurred between the Mother and Andre, and there were prior incidents between Andre and the Mother. The Father recalled that during the Summer of 2020, the Mother took Andre and Jack to her boyfriend’s home in Pennsylvania and a fight occurred between Andre and the Mother. The Mother tried to punch Andre in the face. The Father stated that it was his understanding that this fight occurred based around an issue regarding Andre turning off his computer. The Father stated that after Andre came to reside with him, he did have conversations with his son about returning to the Mother’s home. The Father told Andre that, “this is the only mother you have,” “she’s still your mother,” “maybe she did things out of anger or frustration or some other reason.” According to the Father, Andre said that she has done things before, but then admitted that she may have been having a bad day and maybe “took it out” on him. The Father testified that Andre told him, “I’m just not ready right now.” The Father stated that shortly after Andre moved in with him, the Mother went on a vacation to “Kalahari” and only took Jack. The Father stated that Andre believed that the Mother did this as a form of punishment. The Father testified that in October of 2021, it became clear to him that the “plan” to try to reintroduce Andre back into the Mother’s life “wasn’t going to happen.” The Father testified that Andre wanted to get some of his things from the Mother’s residence. The Father testified that the Mother refused to give Andre “a lot” of his personal belongings, and that this strained the relationship “even more.” The Father stated that Andre did take some stuffed animals, trophies, maybe some clothing, and toys. According to the Father, Andre asked for his bedroom set, his beanbag chair, a Nintendo switch, and other personal items like posters off the wall- all things that would make him feel at least a little more comfortable, and the Mother refused. The Father stated that between February 8, 2021, and October 25, 2022, the Mother and Andre have only seen each other a “handful” of times. The Father stated that in February 2021, the Mother did take Andre and Jack snow tubing. The Mother also took Andre while the Father was away in California, for a friend’s wedding. Andre was also with the Mother for “Harry’s” birthday party in early March of 2022, maybe a couple of other family gatherings over the course of the summer, and then for his 16th birthday party in February. The Father stated that the Mother took Andre on two occasions for a facial. The Father stated that he believed Andre and his Mother were communicating by text message or by phone calls. The father testified that he was not aware that this communication stopped until around April of 2022 and that he tried to no avail with Andre to encourage Andres’ communication with the Mother. The Father testified that after the Divorce, Andre was withdrawn, and depressed, did not draw anymore and that his school grades were affected by “all of this.” The Father stated that since Andre has come to live with him, he has seen many improvements in his son. According to the Father, Andre is much more outgoing. The Father stated that just this weekend, Andre was nominated “prince” of his class for homecoming. The Father stated that Andre has a steady girlfriend. Andre has achieved 80′s and 90′s in his classes. Andre has been going to the gym regularly, and he helps around the house. The Father stated that he filed his petition because he would like residential custody of Andre. The Father stated that there should be supervision with a professional counselor between the Mother and Andre, which he is willing to encourage. The Father conceded during cross-examination that he has not taken Andre to therapy, and that he wouldn’t know if the child was communicating with his Mother, unless Andre told him. The Father stated during cross-examination that in April of 2022, he had a discussion with Andre after the Mother “blurted out” that she was suing him, because of certain property violations on the 57 South Fulton Street property. The Father stated that Andre was present while he and the Mother discussed these property violations. The Father asked the Mother why she would call the town, rather than discuss the situation with him. The Father stated that the Mother told him that it was actually her mother who called the town regarding the violations. The Father stated that he pled guilty to several violations, which concerned mold in the Mother’s bedroom closet ceiling, the lack of a CO for the attic stair’s banister, two defective windows, and the construction of a pool without a permit. During the AFC’s cross-examination of the Father, the Father stated that his plan was to slowly reunite the Mother and Andre so that they would spend time together, work on Andre’s behavior, his schooling, his sleep schedule, his gameplay, on following instruction and being more respectful. The Father stated that he was planning on accomplishing this through dialogue, love, and encouragement. The Father agreed that his plan of having dialogue between Andre and the Mother did not seem to be very effective during February 2021 to April 2022. The Father conceded that he told the Mother there would be no therapy for her and Andre until the pending legal proceedings were over. The Father stated that he also did not get a professional to assist in the communication and/or relationship between Andre and the Mother because Andre did not want to. When asked by the AFC about fostering a relationship between Andre and Jack, the Father replied that he will continue to do so, and that the boys spend a lot of time together. The Mother’s Testimony The Mother is forty-three years old. Until February 8, 2021, she was the primary caretaker of her two sons. She set up play dates and birthday parties. She stated that she had a part time job, but the children were always fed, and basically didn’t want for anything. She was very “hands on” and made sure they experienced everything they possibly could in their lives. The Mother testified that during the weekend of February 6, 2021, she had obviously been struggling with Andre. She testified that she had difficulties with Andre for many years, and many times she has spoken with the Father about therapy for Andre. The Mother feels that Andre suffers from anger issues and that Andre has also bullied Jack. According to the Mother, Andre is very argumentative about everything- something as simple as “you shouldn’t wear shorts when it’s snowing outside,” or “put a coat on,” can instigate a problem. The Mother stated that Andre is getting older, and it is not just arguing, there are now arguments in which vulgar language is used, and Andre is potentially swinging at or kicking her. The Mother stated that Saturday, February 6, 2021, was Andre’s 15th birthday. On that day, she had family and friends over. They spent the day having pizza, laughing, and eating ice cream cake. Andre went to bed, and the next day she had another party at her house, just for him and his friends. On Monday, February 8, 2021, the Mother picked Andre up from school. The Mother stated that she doesn’t know if something had gone on in school that day, or when they got home. The Mother stated that Andre put something in the toaster oven to eat and he went up to his room. The Mother stated that she then simply asked him, “did you do your homework?” The Mother testified that Andre’s response was absolutely disgusting, vulgar, disrespectful, and that she actually questioned, for several days after that, whether his mental health was “OK,” as hers’ wasn’t after that.” The Mother stated that she would say for the most part it was just a verbal argument, which took place over the course of fifteen to twenty minutes. At the end of the argument, she asked Andre to “leave.” She said that she asked him to leave because she thought at that moment, it was in the best interest of not just herself and him, but of Jack, who was crying. When asked if she could describe the “gist” of the argument, the Mother replied that Andre basically told her to “shut the f-ck up, you stupid b-tch.” The Mother stated there was name calling, vulgar language, the “f” word and the “b” word, and that Andre told her that she “only speaks to hear herself speak, because she’s severely insecure.” The Mother testified that there were ongoing disputes between Andre and her, about “anything and everything” that involved her giving him a rule or being “some sort of authority.” According to the Mother, this has been going on for years, even before the parties’ divorce. The Mother stated that many times, she begged the Father to get Andre therapy and for him to “step in.” The Father told her that “he will grow out of it.” The Mother stated that she’s had those discussions with the Father, maybe fifty times over the years, so many that she’s lost count, however there has never been therapy for Andre. After the argument on February 8th, Andre left the house. According to the Mother, Andre was fine when he left the house, he didn’t seem bothered, “he just left.” The Mother stated that Andre was wearing shorts and a sweatshirt, but not a coat. The Mother stated that it was common for Andre to go outside in such attire, even in the winter, and that this was a source for an argument between them on many occasions. The Mother stated that she did not withhold a coat from her son. The Mother stated that she did take Andre’s phone. The Mother explained that she took the phone, because Andre had just “degraded and disrespected” her verbally, in front of Jack. The Mother stated that after Andre left the house, she calmed down Jack and sent the Father a text message. He responded that he was working and there was nothing he could do about it. She stated that she had Jack call several of Andre’s friends, because she did not know where he was. She did not know where Andre was until she sent another message to the Father, and he responded that Andre was sleeping at his home. The Mother stated that the Father does not keep her informed about Andre’s activities and schooling. For example, the Mother only found out that Andre was named “prince” of his dance because a babysitter called to congratulate her. The Mother stated that she has heard from the Father that Andre’s grades have improved since he’s been with him, however Andre always had good grades and the only decline was during the Pandemic. The Mother states she actively participates in the parent portal to keep up with Andre’s progress but does not know if the father does so as well. The Mother testified that she never just blurted out anything about suing the Father as he had alleged. The Mother testified that the conditions in her residence were becoming worse and she was starting to feel sick. The Mother stated that at some point, the conditions in her residence came to involve her mother. The Mother explained that she had gone away last year for her birthday and the maternal grandmother stayed at her apartment to take care of Jack. The maternal grandmother only stayed at the Mother’s residence with Jack for one night, because she felt sick. As a result, the maternal grandmother called the town, and reported the conditions in the Mother’s home. The Mother testified that the Father was charged with certain violations by the Town of Hempstead, and that they had an argument. The Mother explained that on the day of the argument, she had just gotten off the phone with Andre; he was in his pajamas doing his homework and they had a nice conversation about how his day was. The Mother stated that the Father then told her he was bringing Andre to her home. She asked, “why would you do that; he’s at home in his pajamas, doing homework.” The Father replied, “because this is a family emergency.” According to the Mother, the Father pulled up at her residence and Andre was in the car, in his pajamas, with a bowl of ice cream in his hand. The Mother went outside to the Father’s car. The Father then called the maternal grandmother on the speaker phone of his car. According to the Mother, the Father told the maternal grandmother that “her doing this,” by calling the town, not only hurt him, but her grandchildren. The Mother then pulled Andre out of the car, because she didn’t think he should be listening. The Mother stated that she wants Andre to return to her, but she does not think her residence is a healthy environment for him at this time. The Mother stated that Andre should be living with her, because her son needs guidance and rules. The Mother stated that she doesn’t feel there’s any reason why they shouldn’t have some sort of relationship. When asked what she was doing with Andre from February 8, 2021 until April of 2022, the Mother responded that she had a 16th birthday party for him with family and friends. The Mother stated that she took both sons snow tubing with friends for a long weekend. She picked Andre up several nights to have dinner with her father. She was actively taking Andre to a dermatologist, for facials for his skin. She had Andre for seven or eight days in February when the Father went to California for a wedding. She has had Andre’s friends over. She has done Andre’s laundry. The Mother stated that she had saw Andre once a week and spoke with him daily but that this stopped on April 16, 2022, the day the Father filed his petition with the court. The Mother testified that she sent Andre two text messages. In evidence as Respondent’s “C” are text messages the Mother sent to Andre on April 26, 2022 at 10:56 pm, a second text thereafter, and a response from Andre: I’ve been trying to get some mother son time with you & I feel like you’re always too busy for me & don’t want to be bothered. I reach out to you everyday because I love you ALOT, think of you always & I care & worry like all or at least most moms do. I think our relationship is being rebuilt quite nicely & I just would feel better & less hurt if you would try to make more of an effort as well. Do you think that’s possible? The Mother stated that she did not hear from Andre for a few minutes, so she sent the second text: Well I guess no response is my answer. Goodnight son. Andre responded: [l]isten i feel like i would be completely willing to give effort into rebuilding our relationship 100 percent but with the current situation with the court and daddy it is making it very difficult for me considering for the past year he has been supporting me and it hurts me to see u attacking him. The Mother testified that right after she received this text message, she called Andre. The Mother stated that she explained to Andre that she was not attacking the Father, but that she is trying to stand up for herself. She stated that she told Andre that all three of them had been living in poor conditions at her residence and “it’s not right.” She stated that she has reached out to the Father on many occasions, and that she doesn’t want to be enemies with anyone. The Mother stated that she thought Andre understood and that she has never discussed anything going on in the courts with her son. The Mother stated that she spoke to the Father about therapy the night of the February 8, 2021 incident but the Father said no because he had purchased a gym membership for Andre instead. The Mother stated that thereafter she still pressed for therapy 6-8 times by text message since she felt the Father would talk to her in a degrading manner. The Mother testified that on April 8, 2022, she was meeting Andre at the motor vehicle department in Bethpage. Andre needed his original Social Security card to get his permit. The Mother testified that she sent him a text message about it. The Mother testified that Andre said, “daddy is saying he will make me wait until we get our own Social Security card” and he won’t be able to get his permit for another month or two. The Mother stated that Andre asked if he could come get the card. The Mother testified that she told Andre that she left work and was on her way to the motor vehicle office, to bring him his Social Security card. As a result, Andre was able to get his permit. With respect to Andre’s bedroom furniture, the Mother stated that the Father asked her for it, and she made it “very clear” that she was not going to give him the bedroom furniture. The Mother stated that Andre needs a bedroom set where she lives. The Mother stated that when Andre came to pick up some of his belongings, she refused her son “nothing.” The Mother stated that Andre was allowed to take the posters, but as he was removing them, the wall was damaged. She asked her son to just leave them and buy new posters. The Mother stated that she did not allow him to take his Nintendo switch, as there were certain things she was not giving him; she recently bought him those things and “she’s not rewarding his behavior after how he treated her.” When asked if she had overnight visits with Andre from February of 2021 through April of 2022, the mother replied “yes” and that she also had near daily telephone contact with Andre. The Mother stated that she last had contact with Andre on April 16, 2022. The Mother stated that she was not aware of any reason that all contact was cut off and that she thought they were “doing great.” The Mother stated that from February 8, 2021 through April 16, 2022, she did not have any arguments with Andre. The Mother denied that she never tried to punch Andre and denied that she ever did punch Andre. The Mother stated that she does occasionally slap the children in the back of their head. The Mother stated that the Father has never spoken to her about feeling that his sons were in danger with her, but that he has criticized her mothering The Mother testified that she and the Father are different parents. She has too many rules and she is a helicopter parent. The Mother stated that she doesn’t let the boys be “more free.” The Mother stated that she knows what goes on in the neighborhood and she’s not OK with her eleven year old child going on a twenty minute bike ride to a park, and just leaving a note for his Father. The Mother stated that, “you don’t know where he is if something happened to him, he’s by himself. I would never allow that, we are just different.” The Mother stated that she knows it is “more relaxed” at the Father’s house, because the children tell her so. The Mother stated that she can only hope that the boys are “good together;” because they’re brothers. The Mother stated that this is part of the reason she wants Andre to return. The Mother stated that she wants Andre to return home because she loves him, and she wants to be part of his life. During cross-examination, the Mother stated that once she signed the Stipulation, she did not enroll Andre in therapy on her own. The Mother agreed that she did not consult with a relevant neutral third party about therapy when the Father disagreed. The Mother agreed that although she had a right to consult with a neutral third party under the Stipulation, she took no further steps in this regard. During cross-examination, the Mother acknowledged that there were never any prior court filings with respect to therapy for Andre, and although she testified that she questioned Andre’s mental health after their February 8, 2021 argument, she did not file a petition with the court seeking therapy for him. During cross-examination, the Mother agreed that although she testified that she would never leave Jack alone without knowing where he was, this is what she did to Andre, when she asked him to leave the house on February 8, 2021 without his phone. Also during cross-examination, the mother testified that the ceiling was being ripped out of Andres’ bedroom and consequently there would currently be no living space for him at her residence. CONCLUSIONS OF LAW In this matter, the Father is seeking modification of the custody provision of the Judgment, for an award of residential custody of Andre. It is well-settled that modification of an existing custody order is only warranted upon a showing that there has been a change in circumstances, such that modification is required to protect the best interests of the child (Worner v. Gavin 128 AD3d 981 [2d Dept. 2015]). The best interests of the child are determined by a review of the totality of the circumstances (Eschbach v. Eschbach 56 NY2d 167). The Mother is seeking enforcement of the custody terms of the Judgment, requesting that Andre be returned to her care. This Court conducted a trial on the parties’ petitions on October 25, 2022 and October 26, 2022. During the trial, this Court had the opportunity to observe the demeanor the Mother and the Father, the only witnesses to testify. This Court credits the testimony of the Mother and the Father as truthful. This Court has also considered the in camera testimony of Andre, and credits his testimony as honest and forthright. While this Court has weighed Andre’s position, his express wishes are not controlling, but “are entitled to great weight, particularly [as his] age and maturity would [make his] input particularly meaningful” (Koppenhoefer v. Koppenhoefer, 159 AD2d 113, 117 [2d Dept. 1990], O’Connor v. Dyer 18 AD3d 757 [2d Dept. 2005]). Here, despite the parties’ differences, the Mother and the Father were able to work together, for many years, for the benefit of their children. However, on February 8, 2021, an argument between the Mother and Andre changed this arrangement. The undisputed testimony was that there had been growing hostility and arguments between the Mother and Andre, which ultimately erupted during a verbal altercation on February 8, 2021. The Mother testified that at the conclusion of the argument, she questioned her son’s mental health. It is undisputed that based upon that argument, she told Andre to leave her home and she took his cell phone. After Andre left, the Mother did not know where he was, and asked Jack to call Andre’s friends to find him. The Mother notified the Father by text message that she told Andre to leave the house, that she took his phone and that she did not know where he was. Andre left the Mother’s house on February 8, 2021 because she told him to do so. He has not returned to her custody since that date. She allowed this situation to continue for over a year, before legal proceedings were commenced by the Father. She did not file a petition or a writ of habeas corpus for Andre’s return. Rather, on September 23, 2022, almost a month before the start of the trial, and over a year and a half after Andre left her house, the Mother first petitioned for enforcement of the Judgment. By her own inaction, she has acquiesced to Andre living with his Father. As of the close of the trial, Andre, who is almost seventeen years old, has chosen not to return to the Mother’s residence. Up until the filing of the Father’s Petition, the parties appeared to be agreeable about Andre residing with the Father. While the Mother testified that Andre should attend therapy, there is nothing in this record to show a medical need for same. The unrefuted testimony is that Andre is doing well in the Father’s care and wishes to remain there. Andre, who again is almost seventeen years old, has grades good, is taking care of his physical health, and was just voted homecoming “prince.” He appears to be doing well and to be relatively happy. Notwithstanding, to the Court’s dismay, the testimony also illustrated that the Father instigated a new breakdown in the relationship between Andre and the Mother, by making Andre aware of certain Court proceedings. This Court cautions the parties to avoid any future discussion of any litigation in the children’s presence, as this is clearly contrary to the children’s best interests. Moreover, it is also noteworthy that as a result of the Fathers failure to act with regard to the upkeep of the Mother’s residence, the Mother testified that the current living conditions at her residence are unsafe and not suitable for Andre to be able to return home at the current time. This Court is compelled to do and must do what it finds to be in Andre’s best interest. Although the Father should not be rewarded for the above behavior, on this record, this Court is not inclined to alter Andre’s current living situation at this critical stage in high school, at nearly seventeen years of age, when it appears that he is so well adjusted. Therefore, after having thoroughly considered the testimony and the evidence presented, this Court finds, in view of the circumstances presented in this case, that the Father has established a sufficient change in circumstances warranting modification of the existing custody agreement. This Court finds that it is in Andre’s best interest for an award of residential custody to be granted to the Father. With respect to legal custody, there is no showing on this record that the parties cannot make major decisions for Andre together, and the parties shall continue to share joint legal custody of Andre. Both parties shall have access to all information concerning Andre’s health, education, and welfare. The Mother shall have parenting time as agreed between the parties, as it has not been shown that Andre is adverse to mending the relationship with the Mother. The Mother shall also have any therapeutic parenting time as agreed between the parties, at the Father’s sole cost. The Father’s Petition is thus granted in conformity with the above, and the Mother’s Petition is denied. Accordingly, it is hereby ORDERED, that the Mother’s Petition, filed under Docket Numbers V-2831-22/22B and V-2832-22/22B is DENIED; and it is further ORDERED, that the Father’s Petition, Docket Number V-2831-22/22A is GRANTED in that the parties shall share joint legal custody of Andre, with residential custody to the Father. Both parties shall have access to all information concerning Andre’s health, education, and welfare. The Mother shall have parenting time as agreed between the parties, as well as therapeutic parenting time, which shall be at the Father’s sole expense. This constitutes the Decision and Order of this Court. PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT AN APPEAL FROM THIS ORDER MUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER BY APPELLANT IN COURT, 35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OF THE COURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE LAW GUARDIAN UPON THE APPELLANT, WHICHEVER IS EARLIEST. Pursuant to Chapter 595 of Laws of 2008, the Court has searched the required databases and has considered the results of that search. Date January 9, 2023
