In Matter of Sanders v. Slater , Kristian Sanders, Daphne Slater, and Frederick Burdick each sought to modify an agreement which granted them joint legal custody of a four-year-old girl and gave "physical placement" to Slater -- the child's grandmother.
Burdick -- the father -- had "difficulty managing his daily life and the lives of his children." He had no phone, no "consistent" means of transportation, wasn't steadily employed, and lived in a two-bedroom apartment with his wife and their two children. (Interestingly, a "recurring lice problem" wasn't abated until the child stopped visiting her dad.)
By contrast, Sanders -- the girl's mother -- was employed, addressed her daughter's medical needs and her own "psychological condition," improved her "living situation" and demonstrated appropriate parenting skills.
After the Tompkins County Family Court awarded Sanders sole legal custody (as long as she lived with Slater) and only gave Burdick visitation rights, he appealed to the Appellate Division, Third Department.
Based on the evidence presented, "and giving due deference to Family Court," the AD3 was of the opinion that the custody arrangement's modification had a "sound and substantial" basis.
What will they do for an encore?
To download a copy of the Appellate Division's decision, please use this link: Matter of Sanders v. Slater