Timothy N. v. Gwendolyn N.
Cases that cite this one
20 later published cases cite this decision.
- Melody M. v. Robert M. (Appellate Division of the Supreme Court of New York 2013)
- Melody M. v. Robert M. (Appellate Division of the Supreme Court of New York 2013)
- Nolan v. Nolan (Appellate Division of the Supreme Court of New York 2013)
- Nolan v. Nolan (Appellate Division of the Supreme Court of New York 2013)
- Matter of Jennifer HH. v. Alavanh II. (Appellate Division of the Supreme Court of New York 2025)
- Matter of Cameron ZZ. v. Ashton B. (Appellate Division of the Supreme Court of New York 2020)
- Matter of Aimee T. v. Ryan U. (Appellate Division of the Supreme Court of New York 2019)
- Matter of Tina RR. v. Dennis RR. (Appellate Division of the Supreme Court of New York 2016)
- Matter of Crystal F. v. Ian G. (Appellate Division of the Supreme Court of New York 2016)
- Williams v. Rolf (Appellate Division of the Supreme Court of New York 2016)
- Williams v. Rolf (Appellate Division of the Supreme Court of New York 2016)
- Heather B. v. Daniel B. (Appellate Division of the Supreme Court of New York 2015)
- Heather B. v. Daniel B. (Appellate Division of the Supreme Court of New York 2015)
- Owens v. Chamorro (Appellate Division of the Supreme Court of New York 2014)
- Owens v. Chamorro (Appellate Division of the Supreme Court of New York 2014)
- Hayward v. Campbell (Appellate Division of the Supreme Court of New York 2013)
- Hayward v. Campbell (Appellate Division of the Supreme Court of New York 2013)
- Graham v. Morrow (Appellate Division of the Supreme Court of New York 2013)
- Graham v. Morrow (Appellate Division of the Supreme Court of New York 2013)
- D'Angelo v. Lopez (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The mother contends that Family Court improperly relied on events occurring after the filing of the modification petition in determining that there had been a sufficient change in circumstances, and that any incidents occurring prior to the petition were insufficient to warrant review of custody and the best interests of the children. We disagree. Although the fact-finding
We further find ample support in the record for the award of sole custody to the father. Upon review, we accord deference to Family Court’s credibility determinations, and its findings will not be disturbed unless they lack a sound and substantial basis in the record (see Matter of Keefe v Adam, 85 AD3d at 1226-1227). A best interests analysis should consider factors including “maintaining stability in the children’s lives, the quality of respective home environments, the length of time the present custody arrangement has been in place, each parent’s past performance, relative fitness and ability to provide for and guide the children’s intellectual and emotional development, and the effect the award of custody to one parent would have on the children’s relationship with the other parent” (Matter of Opalka v Skinner, 81 AD3d 1005, 1006 [2011]; see Matter of Kilmartin v Kilmartin, 44 AD3d at 1102). “ £[W]here, as here, the existing custody arrangement is borne of the parties’ agreement, rather than as the result of a plenary hearing before Family Court, it is only one of the factors to consider in determining what is best for the child[ren]’ ” (Matter of Wiedenkeller v Hall, 37 AD3d at 1034, quoting Matter of Eck v Eck, 33 AD3d 1082, 1083 [2006]).
In addition to the mother’s actions prior to the filing, as
By contrast, the father did not interfere with the mother’s custody rights nor attempt to alienate her from the children. In an effort to be readily available for the children, the father made arrangements with his employer to work locally and ended his commitment to the Army Reserves. The children’s well-being showed improvement in several respects after their visitation with the father increased, and he has engaged them in counseling. The children share a good relationship with both the father and his girlfriend. Accordingly, the record fully supports Family Court’s determination that an award of sole custody to the father was in the best interests of the children (see Matter of Seacord v Seacord, 81 AD3d at 1104; Matter of Eck v Eck, 33 AD3d at 1084).
Peters, J.P., Lahtinen, Kavanagh and Stein, JJ., concur. Ordered that the order is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.