Summary
This Appellate Division, Second Department decision reviews a Family Court order that modified a prior removal order and temporarily released a child to the nonrespondent father under supervision. The mother appealed the modification, but the court found the lower court's determination had a sound and substantial basis in the record. Consequently, the appellate court affirmed the Family Court's order without costs or disbursements.
Topics
Practice areas
Questions Presented
- Whether the Family Court’s modification of the June 1, 2023 order to temporarily release the child to the non‑respondent father was proper.
Holdings
- The Family Court’s determination to modify the June 1, 2023 order so as to temporarily release the child to the non‑respondent father has a sound and substantial basis in the record and will not be disturbed.
Key quotations
“Contrary to the mother's contentions, the Family Court's determination to modify the June 1, 2023 order so as to temporarily release the child to the custody of the nonrespondent father has a sound and substantial basis in the record and will not be disturbed (see id. §§ 1017[2][a][ii]; 1027[d]; Matter of Paige G. [Katie P.], 119 AD3d 683, 684).”
Factual background
The mother’s child was removed from her custody by the Family Court on June 1, 2023. The court later modified that removal order on October 20, 2023, allowing the child to be temporarily placed with the non‑respondent father under supervision.
Procedural history
The Family Court of Rockland County removed the child from the mother’s custody on June 1, 2023 and later, on October 20, 2023, modified that order to temporarily release the child to the non‑respondent father under supervision. The mother appealed the October 20 order.