Matter of Montebello v. Montebello

Summary

The Appellate Division, Second Department, affirmed an order awarding the father sole custody of the parties' child and granting the mother parental access. The court held that the Family Court's credibility findings and best-interests determination had a sound and substantial basis in the record and that the parental-access schedule was within the court's discretion.

Holdings

1. The award of sole custody to the father was in the child's best interests and was supported by the record.
2. The father's actions on the day of and immediately after filing the custody petition did not constitute willful interference with the mother's parental access or render him an unfit custodial parent.
3. The Family Court properly exercised its discretion in setting the mother's parental-access schedule.

Questions Presented

1. Whether the Family Court's award of sole custody to the father was supported by the child's best interests and a sound and substantial basis in the record.
2. Whether the father's actions in connection with filing the custody petition constituted willful interference with the mother's parental access and rendered him unfit for custody.
3. Whether the Family Court properly exercised its discretion in setting the mother's parental-access schedule.

Disposition

affirmed