In Matter of Goldsmith v. Goldsmith , Gregory Goldsmith wanted sole custody of his seven-year old child, claiming joint custody wasn't feasible because the two parents couldn't communicate or cooperate with each other.
In order to modify a custody order, a party must demonstrate "sufficient change in circumstances reflecting a real need for change ... to insure the continued best interest of the child."
When the Clinton County Family Court found the mother primarily responsible for the parental discord, and awarded sole custody to the father, an appeal followed.
The Appellate Division, Third Department, was of the opinion that the father's stable lifestyle, gainful employment, and active involvement in his child's schooling outweighed the mother's "chaotic" and "unstable" existence. Among other things, the mother was unemployed, failed to address her child's educational needs, used inappropriate language, suffered from anger-management issues, lacked a permanent residence, and, was last "living with a male friend at his abode and not paying the rent."
Who wouldn't approve of that?
To download a copy of the Appellate Division's decision, please use this link: Matter of Goldsmith v. Goldsmith