New York Divorce Lawyer Blog
New York courts prioritize the best interests of the child in custody cases, ensuring that any custody arrangement will provide the child with a safe and stable environment. As demonstrated in a recent New York decision, doing so may sometimes require the courts to grant one parent sole custody over the other parent’s objections. If you need assistance with a custody dispute, it is in your best interest to consult with a knowledgeable New York family law attorney.
Factual and Procedural Setting
It is alleged that the mother and father married and had a child together.
The mother filed petitions for custody and an order of protection against the father following the separation of the parties in December 2022. The parties had a child, born in 2017, and the mother also had a son from a prior relationship. After leaving the marital home with the children, the mother petitioned the trial court for sole custody of the daughter and requested permission to relocate with the child to Mississippi, where her entire family resides.
Reportedly, the father, who was unemployed and living in a homeless shelter, opposed the move. During the proceedings, the mother also filed a family offense petition against the father, alleging incidents of domestic violence, including choking and physical assault. After hearings, the trial court awarded the mother sole custody of the daughter, granted permission for the move to Mississippi, and issued a two-year order of protection against the father. The father appealed the trial court’s decision.
Grounds for Granting One Parent Sole Custody in New York
The court reviewed the trial court’s decision, applying the standard that custody decisions should be based on the best interests of the child. It found that the trial court had properly awarded the mother sole legal custody, noting the acrimonious relationship between the parties, the mother’s primary role as the caretaker, and the father’s lack of stability, including his unemployment and mental health issues.
The court also upheld the decision to allow the mother to relocate to Mississippi, emphasizing that the move would benefit the mother and daughter both emotionally and financially, providing a stronger support system.
Regarding the family offense petition, the court confirmed that the mother had proven by a preponderance of the evidence that the father had committed family offenses, including criminal obstruction of breathing and assault in the third degree. The father’s history of violence and his admission of the violent incidents supported the issuance of the order of protection.
The court did, however, find that the trial court had improperly delegated authority over the father’s visitation schedule to the mother and modified the visitation terms. It also remitted the case to the trial court to determine a supervised in-person parenting schedule for the father, given the complexities introduced by the relocation.
Lastly, the court rejected the father’s claims that the mother’s petition was vague or that his constitutional rights were violated when his request for substitute counsel was denied. It ruled that the mother’s description in the family offense petition was sufficiently clear and that the father had not shown good cause for his request for a change in counsel, thus upholding the trial court’s decision.
Talk to a Dedicated New York Child Custody Attorney
Parents often disagree about what custody arrangement is best for their child, and in many cases, custody disputes cannot be resolved without court intervention. If you are involved in a custody or support dispute, or if you are facing accusations of family offenses, you should talk to an attorney about what you can do to protect your rights and pursue a favorable outcome. Ksenia Rudyuk is a dedicated New York child custody attorney who can help you pursue the best outcome for you and your child. You can contact Ms. Rudyuk via our online form or by calling us at 212-706-2001 to arrange a consultation.