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Court Affirms Previous Custody Arrangement


This is a case being heard in the Appellate Division of the Supreme Court of the State of New York. A New York Family Lawyer said the case involves the petitioner and appellant Angel M. and the respondent Nereida M. The order that is being appealed was made in the Supreme Court of Bronx County by Judge Diane Kiesel. The order granted a final order of custody to the respondent mother with visitation rights given to the petitioner father.

Case Discussion and Decision

When reviewing the records of the case the court finds that it was in the child’s best interest to award custody to the mother. A New York Custody Lawyer said the records show that the father tried to thwart any relationship the mother had with the child. The mother was willing to ensure that the father was given adequate time with the child.

While the mother was given primary care for the child, the father took over de facto custody of the child by refusing to return the child to the mother after the child had visited him for the weekend. A Nassau County Family Lawyer said the father did not attend to the educational needs of the child and was not involved in the upbringing of the child. Additionally, the records show that the father had abused the mother in the presence of the child.

With these records, a Queens Family Lawyer said there is no reason to disturb the determinations that were made by the previous court. The mother is given custody of the child and the father is granted visitation rights. The previous order is affirmed and the appeal is denied.

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