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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Apr 05, 1999

Yetter v. Jones

This case involves cross appeals from a Family Court order concerning child custody following the parties' 1995 divorce. Custody was initially awarded to the petitioner but later, after the petitioner's hospitalization, temporary custody shifted to the respondent. Both parties then petitioned for sole custody, leading the Family Court to award joint custody with the children's primary residence with the respondent. The Appellate Division reversed the joint custody award, determining that the parents' demonstrated bitterness and hostility made cooperative co-parenting impossible and thus joint custody an unworkable solution. Based on the petitioner's recurring mental health challenges, instances of poor judgment in relationships, and an unstable environment, contrasted with the respondent's more stable home life where the children were thriving, the court awarded sole custody to the respondent. The Appellate Division also affirmed the Family Court's discretion in not ordering home studies or additional psychological reports, given the available testimony and information.

custody disputejoint custody reversalsole custody awardparental mental healthchild welfarevisitation rightshostile co-parentsbest interests of childrenappellate reviewFamily Court Act
References
6
Case No. MISSING
Regular Panel Decision
Dec 15, 1993

Manchester v. Whitbeck

This case involves an appeal from a Family Court order in Fulton County, entered December 15, 1993, which granted the respondent's application for a modification of a prior custody and visitation order, awarding sole custody to the respondent. The appellate court reviewed the Family Court's findings, which alleged the petitioner's failure to provide for the child's minimal needs and demonstrated little parenting understanding. However, the appellate court found no support in the record for these findings, noting that some evidence was misinterpreted or explained by mediated agreements. It concluded that a change in custody was not warranted, as there was no indication it would substantially enhance the child’s welfare and the custodial parent was not shown to be unfit. Consequently, the order was modified by reversing the award of sole custody to the respondent and instead awarding sole custody to the petitioner, with liberal visitation to the respondent, and the matter was remitted to the Family Court to set an appropriate visitation schedule.

Child CustodyFamily LawCustody ModificationBest Interest of the ChildParental FitnessJoint CustodyAppellate ReviewVisitation RightsFamily Court ActJudicial Review
References
4
Case No. MISSING
Regular Panel Decision
Apr 02, 2003

Faunteleroy v. Mercado

The mother appealed an order from the Family Court, Queens County, dated April 2, 2003, which transferred custody of her child to the father after a hearing. The appellate court affirmed the order, emphasizing the significant weight given to a hearing court's findings in custody cases, provided they are supported by a sound and substantial basis in the record. The court reiterated that the paramount consideration in awarding custody is the child's best interests, necessitating a modification only if the totality of circumstances warrants such a change. Factors considered include the quality of home environment, parental guidance, emotional and intellectual development, financial stability, parental fitness, and the duration of the current custody arrangement. The hearing court properly weighed these factors, observing both parents, hearing testimony from various individuals including a social worker, and interviewing the child in camera, ultimately awarding custody to the father.

Child CustodyFamily LawAppellate ReviewBest Interests of ChildCustody ModificationParental FitnessJudicial DiscretionEvidentiary HearingQueens CountyFamily Court Act
References
10
Case No. MISSING
Regular Panel Decision

Laici v. Baldwin

This case involves a custody dispute between a petitioner mother and respondent father concerning their two children, Jacob and Sarah. The couple separated in 1982, and custody was temporarily placed with the Department of Social Services in 1984. Petitioner sought sole custody in 1986, supported by social workers, a psychologist, and the Law Guardian who cited her efforts to improve her life and ability to meet the children's emotional needs. Conversely, the respondent father largely remained unemployed and refused psychological testing. The court initially awarded custody to the respondent, emphasizing his current wife's stable living arrangement. The dissenting judges argue this decision erroneously prioritized the father's *derived* stability over the mother's demonstrated efforts and capacity for the children's emotional development, advocating for a reversal and award of custody to the petitioner mother based on overwhelming expert testimony.

custody disputeparental rightschild welfarebest interests of the childdissenting opinionfamily lawpsychological evaluationparental stabilitydomestic abuseappellate review
References
3
Case No. MISSING
Regular Panel Decision

Denise AA. v. David AA.

This case is an appeal from a Family Court order granting the petitioner primary physical custody of two children, Rebecca and Chelsea, while maintaining joint legal custody. The respondent, appealing pro se after an adjournment request was denied, argued that the Family Court abused its discretion in the custody award and in denying the adjournment. The appellate court affirmed the Family Court's decision, finding no abuse of discretion in denying the adjournment given the respondent's ample time to secure counsel. The court also found the custody award to the petitioner to be in the children's best interest, despite concerns about the petitioner's judgment regarding her older daughter's sexual activity and cohabitation plans. The decision emphasized the deference given to Family Court's factual findings and the desirability of keeping siblings together.

child custodyphysical custodyjoint legal custodyvisitation rightsFamily Court Act Article 6pro se representationadjournment denialbest interest of the childparental judgmentappellate review
References
7
Case No. MISSING
Regular Panel Decision

Flynn-Stallmer v. Stallmer

Petitioner Susannah Flynn-Stallmer appealed three orders: two from Family Court concerning child custody awarded to respondent Timothy J. Stallmer, and one from Supreme Court denying her motion to vacate the Family Court order on grounds of judicial recusal. Family Court awarded custody to the father, Timothy J. Stallmer, finding it in the children's best interest after weighing various factors including the parents' stability, work records, and the father's supportive extended family, while also considering the mother's inconsistencies and extramarital relationship. The appeals court affirmed Family Court's custody decision, finding it supported by the record and that the court did not improperly rely on matters outside the record or err in denying the mother's motion to present additional testimony. Finally, the Supreme Court's denial of the mother's application to set aside the custody order due to alleged judicial disqualification was affirmed, as the court found no familial relationship between the Family Court Judge and the respondent that would mandate recusal under Judiciary Law § 14, and the Judge's disclosure of a tenuous past tie did not reflect bias.

Child CustodyJudicial RecusalFamily LawBest Interests of the ChildAppellate ReviewDiscretionCredibilityParental StabilityFamily Court Act Article 6CPLR 4404(b)
References
6
Case No. MISSING
Regular Panel Decision

White v. White

This case involves an appeal from a Family Court order granting primary physical custody of the parties' two children to the father. The parents, previously married, had a daughter (born 1999) and a son (born 2002). The mother sought treatment for alcohol and prescription drug abuse in Tennessee. During her treatment, the father moved with the children to Albany, New York, for an employment opportunity. After treatment, the parents could not agree on residency, leading the father to petition for custody, which the mother cross-petitioned. Family Court awarded joint legal custody to both parents and primary physical custody to the father, establishing a parenting schedule for the mother. The mother appealed this decision, arguing the Family Court did not properly weigh certain testimony. The Appellate Division affirmed the Family Court's order, finding that the decision to award primary physical custody to the father was in the children's best interests, given the stability he provided as the primary caretaker, his active involvement in their academic and medical care, and their thriving in his environment.

Custody DisputesChild Best InterestsParental FitnessSubstance Abuse TreatmentRelocation of ChildrenAppellate Review of Family CourtPrimary Physical CustodyJoint Legal CustodyParenting ScheduleChild Stability
References
10
Case No. MISSING
Regular Panel Decision

Juan PP. v. Yvette OO.

Yvette OO., the mother of Calmeek and Carlos, appealed an order from the Family Court of Albany County. The original order, entered May 13, 2004, granted custody of Carlos to his father, Juan PE, and extended the foster care placement of Calmeek, following a finding of neglect against the mother in 2002. The mother challenged the custody award to the father, citing his history of domestic violence. However, the Appellate Division affirmed the Family Court's decision, concluding that there was a sound and substantial basis in the record for the determination. The court noted the father's significant progress in anger management and parenting skills services, as well as a caseworker's recommendation, which supported the finding that awarding him custody was in Carlos's best interests, despite past concerns.

CustodyParental FitnessDomestic ViolenceSubstance AbuseChild NeglectFoster CareBest Interests of ChildAppellate ReviewFamily LawChild Protection
References
6
Case No. MISSING
Regular Panel Decision
Aug 29, 2002

Kemp v. Kemp

This case involves an appeal from an order of the Family Court of Clinton County concerning the modification of a prior custody order for two sons. The parties, who divorced in 1999, initially had a separation agreement granting joint legal custody with the respondent having primary physical custody. However, due to the respondent's subsequent criminal convictions, probation violation, and incarceration in January 2002, the petitioner gained actual physical custody of the children. The Family Court subsequently awarded sole legal and physical custody to the petitioner, citing several factors including the respondent's incarceration, lack of credibility, failure to address self-destructive behavior, and the stable home environment provided by the petitioner. The appellate court affirmed the Family Court's decision, finding it to be based on a sound and substantial record, and rejected the respondent's contentions regarding joint custody and ineffective assistance of counsel.

Custody ModificationFamily LawBest Interests of the ChildParental FitnessChange in CircumstancesIncarcerationMental Health EvaluationCredibility AssessmentJoint CustodySole Custody
References
11
Case No. MISSING
Regular Panel Decision

Archer W. v. Commissioner of Social Services

This case involves an appeal by intervener foster parents from Family Court orders regarding child custody. The child, born in 1987, was placed with foster parents after the natural mother admitted to cocaine use. The natural father, Archer W., subsequently instituted custody proceedings and was granted a final custody order. The foster parents' motion to intervene and reargue custody was granted, but the Family Court again awarded custody to the natural father, finding no evidence of unfitness or extraordinary circumstances. The appellate court dismissed the appeal from the initial order and affirmed the final custody order from May 10, 1989. The court reiterated the principle that a natural parent has a superior claim to custody unless proved unfit or extraordinary circumstances exist, neither of which were demonstrated by the foster parents in this record.

Child CustodyFoster ParentsNatural FatherParental RightsUnfitnessAbandonmentNeglectExtraordinary CircumstancesBest Interests of ChildAppellate Review
References
5
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