IS CHANGE IN CHILD'S INTERESTS?

In Matter of Maiea P., when the New York County Family Court awarded custody of her 12 year-old to the child's father, Reshima K. appealed to the Appellate Division, First Department.

Interestingly, after it reviewed the record, the AD1 concluded the Family Court's determination lacked a "sound and substantial basis," since there was no evidence as to the father's fitness as a parent.

Additionally, because the 12 year-old had a "warm and loving relationship" with her mom and wished to remain in her mother's care, the AD1 opted to reverse and remand the case for a hearing as to whether a custody change would be in the child's "best interests."

We see fit to leave our analysis at that.

To download a copy of the Appellate Division's decision, please use this link: Matter of Maiea P.