A father lost sole custody of his child due to a disintegrating relationship with her.
Not only was there "an escalation of verbal and physical conflicts," but the father was unable to "meet the child's emotional needs," triggering a dramatic deterioration in the youngster's mental health.
In response to these developments, the Family Court of Warren County granted the mother's request to modify the court's prior custody order in her favor. On appeal, the Appellate Division, Third Department, affirmed.
In any custody or visitation dispute, a court is empowered to weigh a number of factors, which can impact the outcome. As the AD3 observed:
Factors to be considered in ascertaining the custodial arrangement most likely to promote the child's best interests include "maintaining stability for the child, the child's wishes, the home environment with each parent, each parent's past performance, relative fitness, ability to guide and provide for the child's overall well-being, and the willingness of each parent to foster a relationship with the other parent" ... Given the breakdown in the child's relationship with the father, testimony from the child's former therapist that he feared for the physical safety of both the child and the father, the child's repeated requests that she be permitted to reside with the mother, and the positive relationship between the child and the mother, there is a sound and substantial basis in the record for Family Court's decision ....
Three guesses who was flipping out over that outcome.
For a copy of the Appellate Division's decision, please use this link: Filippelli v. Chant