In Matter of Lulu, the Appellate Division, First Department, unanimously affirmed the Bronx Family Court’s decision to grant sole legal and physical custody of the child to the mother, with limited supervised therapeutic visitation for the father.
The ruling was based on substantial changes in circumstances since the prior custody order in 2013, including a neglect finding against the father for excessive corporal punishment and an order of protection that did not allow visitation.
The appellate court found that the mother had consistently provided stability for the child, overseeing his education, medical care, and extracurricular activities. Despite the father’s history of domestic violence, the mother made efforts to foster a relationship between him and the child, encouraging supervised visits and enrolling the child in therapy. However, the father’s hostility toward the mother and his refusal to cooperate in co-parenting made joint custody unworkable.
The court also considered the father’s past neglect of multiple children and his manslaughter conviction related to the death of his infant son, concluding that unsupervised visitation would pose a risk to the child’s well-being. The father was required to bear the costs of visitation, as he had not contributed financially to the child’s care.
The decision underscores the court’s emphasis on the child’s best interests and safety in custody determinations.
Think that outcome was a lulu?
# # #
DECISION