Matter of Jorge JJ. v. Erica II.

Summary

The Appellate Division, Third Department affirmed an order denying the father's petitions to modify custody and establishing a supervised visitation schedule. The court rejected his claim of ineffective assistance of counsel, concluding that he failed to show that trial counsel lacked legitimate strategic reasons for the challenged decisions and that counsel otherwise provided meaningful representation.

Holdings

1. The father was not deprived of effective assistance because the record, viewed in totality, showed that trial counsel provided meaningful representation.

Questions Presented

1. Whether the father was deprived of meaningful representation because trial counsel did not call the child's therapist and school personnel or introduce call logs, text messages, and the child's report card.
2. Whether the challenged attorney decisions lacked a legitimate or strategic basis and therefore violated the father's right to effective assistance of counsel.

Disposition

affirmed