Matter of Ana J. v. Nasar J.

Summary

The Appellate Division, Third Department, affirmed a Family Court order granting the mother sole legal and primary physical custody of the child, limiting the father's parenting time, and issuing an order of protection. The court held that the evidence supported a finding that the father committed harassment in the second degree and that changed circumstances and the child's best interests warranted modifying the prior custody order.

Holdings

1. Family Court properly found that the father committed harassment in the second degree and properly issued an order of protection because the mother's evidence, credited by Family Court, established the offense by a preponderance of the evidence.
2. The parties' relationship had deteriorated to the point that there was no meaningful communication or cooperation for the child's sake, which established the requisite change in circumstances permitting Family Court to consider modifying custody.
3. A sound and substantial basis supported the award of sole legal and primary physical custody to the mother with limited parenting time to the father.

Questions Presented

1. Whether Family Court properly found by a preponderance of the evidence that the father committed harassment in the second degree and properly issued an order of protection.
2. Whether the evidence established a change in circumstances sufficient to permit modification of the prior custody order.
3. Whether awarding the mother sole legal and primary physical custody with limited parenting time to the father served the child's best interests.

Disposition

affirmed