In Matter of Owens v. Garner , a Judicial Hearing Officer (JHO) thought it would be in the children's best interests if their mother got sole custody and the father got visitation rights.
Apparently, when the dad had exclusive custody, he interfered with the mom's visits. She also showed that, while under his care, the children's grades declined and he neglected their medical and dental needs.
Although the Erie County Family Court granted temporary custody to the mother without a hearing, the Appellate Division, First Department, saw that mistake as "harmless," because the required hearing was eventually conducted. (The AD1 also didn't think the JHO was biased or that the dad was denied a fair trial.)
Since "a change in circumstances" warranted altering custody, the AD4 affirmed the outcome.
Now who will let go?
To view a copy of the Appellate Division's decision, please use: Matter of Owens v. Garner