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Mother Appeals Judgment Denying Full Legal Custody


Matter of T v C


Pursuant to the Family Court Act, Article 6, a mother appeals from a Family Court order dated 1/10/18. The order granted the father’s petition for sole physical and legal custody, and awarded the other partial access, but denied her sole custody.

Order is Affirmed.

The parties were never married and have one child between them, who was born in August of 2014. Both parties requested sole legal custody. The court awarded the father sole legal and physical custody, with parental access awarded to the mother. The mother appeals.

The court’s sole concern is what is in the best interests of the child (Eschbach v Eschbach 56 NY2d 167,  171; Matter of Julie v Wills, 73 AD3d 777). Although joint custody is always an option, it is only advisable where the parties are stable and the parties can act in a civilized manner (Matter of Timothy M v Lara AK, 204 AD2d 325, 326). The court decision is dependent in a large part on the credibility and temperament of the witness. Generally, a custody arrangement won’t be disturbed if supported by a sound basis (Matter of Supangkat v Torres 101 AD3d 889).

Here, the court’s decision that the child’s best interest would be served by granting sole legal and physical custody to the father was a sound one and shouldn’t be disturbed (Matter of Murphy v Lewis 149 AD3d 748, Mc Pherson v Mc Pherson 139 AD3d 953).

The mother’s remaining contentions are without merit.

Family law matters can be confusing and very emotional. It is important to ensure that during this difficult time your legal rights are protected. Speak to an experienced New York family law attorney from Stephen Bilkis and Associates for guidance and a free consultation at 1-800-NYNYLaw. They have locations to serve you in Manhattan, Queens, the Bronx, Staten Island, Nassau County, Suffolk County, and Westchester County.

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