Summary
The Appellate Division, Third Department affirmed a Family Court order modifying custody to award the father primary physical custody after the mother reversed her decision to relocate to North Carolina. The court determined that the father's relocation efforts were made in good faith to benefit the children, whereas the mother's subsequent refusal to move was disingenuous and detrimental to the co-parenting relationship. Applying the best interests standard, the appellate court found the Family Court's custody determination was supported by a sound and substantial basis in the record.
Topics
Practice areas
Questions Presented
- Whether the Family Court’s modification granting primary physical custody to the father was supported by a sound and substantial basis in the record.
- Whether the father satisfied his burden of showing that relocation to North Carolina is in the children’s best interests.
Holdings
- The appellate court affirmed the Family Court’s order, finding it was supported by a sound and substantial basis in the record.
- The father met his burden by a preponderance of the evidence that the relocation serves the children’s best interests.
Key quotations
“A custodial determination depends to a great extent upon an assessment of the testimony, character and sincerity of the parties and, for this reason, it is well established that, given its superior position to observe the witnesses, deference is ordinarily accorded to Family Court's findings in this respect.” (235 AD3d at 1200-1201)
“In light of all of the foregoing, and deferring to the court's credibility assessments, we find that the court appropriately weighed the required factors and that its decision to award primary physical custody to the father is supported by a sound and substantial basis in the record.” (232 AD3d at 1142-1146)
Factual background
The parents divorced in 2017. The mother retained sole legal and primary physical custody. In 2022 the father relocated to Greensboro, North Carolina, purchasing a home. The mother later decided not to move. In May 2023 the father sought a modification of custody and relocation of the children to North Carolina. The Family Court held a fact‑finding hearing, granted the father temporary custody, and ultimately awarded joint legal custody and primary physical custody to the father.
Procedural history
The Family Court entered an order on Jan. 4, 2024 modifying a prior custody decree, granting the father primary physical custody and joint legal custody after finding a change in circumstances. The mother appealed the order.