Matter of Raymond v. Raymond

Summary

The Appellate Division, Second Department, affirmed a Family Court order granting the mother sole custody and denying the father's petition for increased parental access. The court held that the father's access to the forensic report was sufficient and that the report was properly admitted into evidence, particularly because the evaluator testified and the custody determination was supported by additional evidence.

Holdings

1. The Family Court did not improvidently exercise its discretion by denying the father's request for a physical copy because he was given liberal access to review the report over an extended period and failed to show that the lack of a physical copy prejudiced his preparation for the hearing.
2. The Family Court properly admitted the forensic report into evidence because the parties had access to it well before the hearing, the evaluator testified and was subject to cross-examination, the parties could rebut the evaluator's findings, and the report relied primarily on the evaluator's firsthand interviews rather than hearsay from nontestifying declarants.
3. The Family Court's award of sole custody to the mother and denial of the father's request for increased parental access were supported by ample evidence independent of the forensic report.

Questions Presented

1. Whether the Family Court improvidently exercised its discretion by denying the father's pro se request for a physical copy of the court-appointed forensic evaluator's report when it provided him liberal access to review the report and take notes.
2. Whether the Family Court properly admitted the forensic report into evidence.
3. Whether the Family Court's custody and parental-access determinations were supported by the evidence.

Disposition

affirmed