Published on:

Court determined that father’s parental alienation actions required a modification in the custody order. Grabowski v. Smith, 123 N.Y.S.3d 313 (N.Y. App. Div. 2020)


The case of Grabowski v. Smith revolves around a custody and visitation dispute between petitioner mother Jacquelyn M. Grabowski and respondent father Jay Craig Smith, Jr. The Attorney for the Child (AFC), Kimberly M. Seager, also plays a pivotal role in the legal proceedings.

In custody or visitation proceedings, an AFC serves as the legal representative for the child involved. Unlike attorneys representing parents, the AFC’s sole allegiance is to the child’s best interests. This involves conducting an independent assessment of the child’s circumstances, preferences, and overall well-being. The AFC becomes the child’s voice in court, expressing their wishes, concerns, and advocating for outcomes aligned with their welfare. This representation is especially vital when the child’s interests may not coincide with those of the parents. The AFC’s responsibilities encompass legal counsel, courtroom representation, and ensuring the child’s views are considered in decisions. Ethical considerations guide the AFC, who must prioritize the child’s welfare, even if their preferences differ from what the AFC believes is in their best interests. Through these responsibilities, the AFC plays a pivotal role in safeguarding the child’s rights and ensuring their well-being remains paramount throughout the legal proceedings.

The legal saga unfolded under Family Court Act article 6, with the initial order establishing joint custody. In the subsequent modification, the court, although not explicitly citing a change in circumstances, independently reviewed the record. Findings indicated a significant change, including the deterioration of the parental relationship, the father’s violation of custody orders, and ongoing efforts to alienate the child from the mother. The 10-year old child stated that she wished to have no contact with the mother.

Parental alienation occurs when one parent deliberately undermines and sabotages the child’s relationship with the other parent. This psychological manipulation often involves negative comments, false accusations, or other behaviors that create hostility and estrangement between the child and the targeted parent. The goal is to influence the child’s perceptions, erode the bond with the targeted parent, and exert control over the child’s emotions and loyalties. Parental alienation can have detrimental effects on the child’s mental and emotional well-being, creating long-lasting challenges in their relationships and overall development. Courts may intervene to address parental alienation in custody disputes.

The primary issue addressed in the case pertains to the modification of the custody and visitation order. The court assesses whether the established criteria for a substantial change in circumstances are met and if such changes warrant a reassessment of the child’s best interests.

Holding and Discussion
The court unanimously affirmed the order, indicating that the modification aligns with the child’s best interests. The father’s actions, including alienation efforts and violations of court orders, led to the award of sole custody to the mother.

The court’s decision rests on a thorough evaluation of the deteriorating parental relationship and the father’s actions. Alienation and violation of custody orders were deemed detrimental to the child’s well-being. The AFC’s advocacy for the child’s best interests, even if contrary to the child’s wishes, was deemed ethically sound. Note that in this case the child had an trial AFC and an appellate AFC. The trial AFC recommended that the mother be awarded custody, contrary to the state wishes of the child. The appellate AFC recommended that the father retain custody– a desire that was consistent with the child’s stated wishes. However, the court reviewed the totality of the evidence and did not rely solely on the stated desire of the child or the recommendation of the appellate AFC.

The court’s determination to modify the custody order is supported by a substantial change in circumstances. The decision prioritizes the child’s welfare, considering the father’s actions as contrary to the child’s best interests. The case underscores the court’s commitment to ensuring a stable and supportive environment for the child, even if it necessitates a modification of custody arrangements.

Posted in: and
Published on:

Comments are closed.

Contact Information