Generally, the New York family law courts strive to maintain and protect the relationships between parents and their children. They will only do so if it is in the child’s best interest, however. As such, if a court finds that one parent fails to abide by court measures intended to protect a child, they may grant the other parent sole custody, as demonstrated in a recent New York case. If you or your co-parent wish to seek sole custody of your child, it is advisable to confer with a New York child custody attorney at your earliest convenience.
Factual and Procedural Setting
It is reported that both the father and the mother filed petitions to modify the custody arrangement of their two children, born in 2016 and 2018, as established by a 2021 divorce judgment. Initially, the mother was granted primary physical custody, while the father had alternate weekend parenting time. In May 2021, the father sought custody modification, alleging that the mother restricted his visitation and engaged in actions that alienated him from the children. The mother cross-petitioned, stating that she restricted the father’s visitation because he violated COVID-19 guidelines and failed to attend a court-mandated parenting program.
Allegedly, further petitions were filed, with the mother asserting that the father violated the terms of the divorce judgment by failing to inform her of the children’s whereabouts, neglecting their health and safety, and disregarding parenting conditions. Eventually, the case was transferred to the Integrated Domestic Violence part of the trial court, where the mother sought sole custody, alleging domestic abuse by the father. The trial court granted the mother’s petition, and the father appealed.
Grounds for Awarding Sole Custody
On appeal, the court upheld the trial court’s decision, affirming that a substantial change in circumstances, particularly the acrimonious relationship between the parties, warranted a review of the custody arrangement.
The court emphasized that the primary consideration in custody modification cases is the best interests of the children, which includes evaluating the parents’ home environments, stability, willingness to foster a relationship with the other parent, and past behavior.
Here, the court found that the father was verbally and physically abusive towards the mother, often in the presence of the children, and frequently violated court orders regarding parenting time. Based on the mother’s credible testimony and the record of the father’s conduct, the court determined that it was in the children’s best interests to grant the mother sole physical and legal custody.
Additionally, the court imposed supervised visitation on the father due to concerns about his detrimental behavior, including domestic violence and substance abuse issues. The court also upheld an award of attorney’s fees to the mother, finding that the father’s willful violation of child support obligations and visitation terms justified the imposition of such fees.
Confer with a Skilled New York Child Custody Attorney
If you have concerns about your co-parent’s ability to maintain a safe environment for your child, you should confer with an attorney as soon as possible. Ksenia Rudyuk is a skilled New York child custody lawyer who can inform you of what measures you can take to protect your child’s interests. You can reach Ms. Rudyuk via our online form or by calling us at 212-706-2001 to arrange a meeting.