Summary
This Appellate Division, Second Department decision reviews a Family Court order granting the mother sole legal and physical custody of the parties' two children and issuing a five-year order of protection against the father for harassment. The father appealed, arguing that joint custody was appropriate and that he received ineffective assistance of counsel. The appellate court affirmed the lower court's determination, finding that the custody award was supported by a sound and substantial basis in the record and that the evidence established the father committed the family offense of harassment in the second degree.
Topics
Practice areas
Questions Presented
- Whether the Family Court's award of sole legal and physical custody to the mother and issuance of a five‑year order of protection were supported by a sound and substantial basis in the record.
Holdings
- The appellate court affirms the Family Court's order, finding it was supported by a sound and substantial basis in the record.
Key quotations
“"In any child custody dispute, the court's paramount concern is to determine, under the totality of the circumstances, what is in the best interests of the child."”
“"Where domestic violence is demonstrated by a preponderance of the evidence, the court must consider the effect of such domestic violence upon the best interests of the child."”
Factual background
The mother and father, who were never married, have two children born in 2022 and 2023. The mother filed petitions for sole custody of each child and alleged the father had committed family offenses, seeking an order of protection. The father filed petitions for joint legal and physical custody of each child. The Family Court found the father had committed harassment in the second degree and issued a five‑year order of protection, granting the mother sole custody of both children.
Procedural history
The Family Court, Orange County, after a hearing on June 12, 2023, awarded the mother sole legal and physical custody of the parties' two children, found the father guilty of a family offense (harassment in the second degree), and ordered a five‑year protection order. The father appealed the custody and protection order.