Linton A. v. Mena C

Appellate Division of the Supreme Court of New York

Linton A. v. Mena C

301 A.D.2d 416, 752 N.Y.S.2d 873, 2003 N.Y. App. Div. LEXIS 309

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 16, 2003

StatusPublished

This text of 301 A.D.2d 416 (Linton A. v. Mena C) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Linton A. v. Mena C, 301 A.D.2d 416, 752 N.Y.S.2d 873, 2003 N.Y. App. Div. LEXIS 309 (N.Y. Ct. App. 2003).

Pincite

Opinion

—Order, Family Court, New York [417]*417County (Elizabeth Barnett, Referee), entered on or about June 8, 2001, which granted petitioner-father’s application to modify custody and transferred sole custody of the parties’ two children from respondent-mother to petitioner-father, unanimously affirmed, without costs.

The Family Court properly considered the totality of the circumstances subsequent to the parties’ judgment of divorce, which contained a custody stipulation giving custody of the children to respondent-mother. The court correctly concluded that it was in the best interests of the children to change custody to petitioner-father (see Friederwitzer v Friederwitzer, 55 NY2d 89, 95-96). Those circumstances included problems with the children’s clothing and with their physical appearance, the mother’s financial and obvious emotional difficulties, her vindictive and rude attitude toward the father’s new wife, the mother’s interference with and indifference toward the father’s visitation rights, the mother’s repeated attempts to damage the children’s relationship with their father, and her proven lack of cooperation with the father concerning the children’s medical care and education. There is no basis for disturbing the court’s credibility determinations, which are supported by the record.

We have considered appellant’s other arguments and find them unavailing. Concur — Nardelli, J.P., Andrias, Williams and Marlow, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Family Court, New York [417]*417County (Elizabeth Barnett, Referee), entered on or about June 8, 2001, which granted petitioner-father’s application to modify custody and transferred sole custody of the parties’ two children from respondent-mother to petitioner-father, unanimously affirmed, without costs.

The Family Court properly considered the totality of the circumstances subsequent to the parties’ judgment of divorce, which contained a custody stipulation giving custody of the children to respondent-mother. The court correctly concluded that it was in the best interests of the children to change custody to petitioner-father (see Friederwitzer v Friederwitzer, 55 NY2d 89, 95-96). Those circumstances included problems with the children’s clothing and with their physical appearance, the mother’s financial and obvious emotional difficulties, her vindictive and rude attitude toward the father’s new wife, the mother’s interference with and indifference toward the father’s visitation rights, the mother’s repeated attempts to damage the children’s relationship with their father, and her proven lack of cooperation with the father concerning the children’s medical care and education. There is no basis for disturbing the court’s credibility determinations, which are supported by the record.

We have considered appellant’s other arguments and find them unavailing. Concur — Nardelli, J.P., Andrias, Williams and Marlow, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

301 A.D.2d 416, 752 N.Y.S.2d 873, 2003 N.Y. App. Div. LEXIS 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linton-a-v-mena-c-nyappdiv-2003.

Opinion

Related

Cite This Page — Counsel Stack