X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Law Office of Veronica Reed, Schenectady (Veronica L. Reed of Counsel), for Respondent-Appellant. David J. Pajak, Alden, for Petitioner-Respondent. Brian P. Degnan, Batavia, Attorney for the Child. Appeal from an order of the Family Court, Orleans County (Sanford A. Church, J.), entered December 27, 2021, in a proceeding pursuant to Family Court Act article 6. The order, inter alia, awarded petitioner sole custody of the subject child. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Memorandum: In this proceeding pursuant to Family Court Act article 6, petitioner father filed a petition seeking to modify a prior consent order of custody and visitation. Respondent mother now appeals from an order that, inter alia, awarded sole custody of the subject child to the father with visitation to the mother. We affirm. Initially, we note that the mother does not dispute that there was a sufficient change in circumstances since the prior order, and thus the issue before us is whether Family Court properly determined that the best interests of the child would be served by a change in the custody and visitation arrangement (see Matter of Clark v. Clark, 199 AD3d 1455, 1455 [4th Dept 2021]; Matter of Golda v. Radtke, 112 AD3d 1378, 1378 [4th Dept 2013]). Contrary to the mother’s contention, a sound and substantial basis exists in the record for the court’s determination to award the father sole custody of the child, rather than to award the parties joint custody (see Matter of Ballard v. Piston, 178 AD3d 1397, 1398 [4th Dept 2019], lv denied 35 NY3d 907 [2020]; Matter of Campbell v. Knapp, 132 AD3d 1420, 1421 [4th Dept 2015], lv denied 26 NY3d 917 [2016]). While the record establishes that the mother and the father could sometimes effectively communicate with each other, the majority of their interactions were acrimonious (see Matter of K.C. v. N.C., 215 AD3d 1238, 1239-1240 [4th Dept 2023]). We reject the mother’s further contention that the record does not support the court’s determination to limit her visitation to alternating weekends and one weekly dinner visit. It is well settled that ” ‘[t]he propriety of visitation is generally left to the sound discretion of Family Court[,] whose findings are accorded deference by this Court and will remain undisturbed unless lacking a sound and substantial basis in the record’ ” (Matter of Robert AA. v. Colleen BB., 101 AD3d 1396, 1397 [3d Dept 2012], lv denied 20 NY3d 860 [2013]; see Golda, 112 AD3d at 1378). The record establishes that the mother neglected the child, interfered with the father’s relationship with the child, and engaged in domestic violence with the father of her two younger children in the child’s presence. We therefore conclude that it was not in the best interests of the child to award additional parenting time with the mother (see Matter of Kendra E. v. Jared T., 209 AD3d 606, 607 [1st Dept 2022]).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›