Michelle R. v. Alexander R.

Appellate Division of the Supreme Court of New York

Michelle R. v. Alexander R.

2016 NY Slip Op 6891, 143 A.D.3d 583, 39 N.Y.S.3d 450

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

DecidedOctober 20, 2016

Docket1995 309377/12 49309/12

StatusPublished

This text of 2016 NY Slip Op 6891 (Michelle R. v. Alexander R.) 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

Michelle R. v. Alexander R., 2016 NY Slip Op 6891, 143 A.D.3d 583, 39 N.Y.S.3d 450 (N.Y. Ct. App. 2016).

Pincite

Opinion

*584 Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered February 5, 2015, which, to the extent appealed from as limited by the briefs, granted defendant father sole legal and physical custody of the subject child, with therapeutic supervised visitation for plaintiff mother, unanimously affirmed, without costs.

Supreme Court’s determination that an award of sole custody to the father would be in the child’s best interest has a sound and substantial basis in the record (see Eschbach v Eschbach, 56 NY2d 167 [1982]). The court considered the appropriate factors in making its determination, including the parties’ credibility (see id.), and gave appropriate weight to the testimony and recommendations of the court-appointed forensic expert (Matter of Cisse v Graham, 120 AD3d 801, 806 [2d Dept 2014], affd 26 NY3d 1103 [2016]). The record shows that the mother’s lack of insight into her parenting deficiencies and failure to engage in recommended mental health services led to findings of educational and medical neglect against her and a release of the child to the father (see Matter of Kira J. [Lakisha J.], 108 AD3d 541 [2d Dept 2013]). Although the father also was found responsible for the medical and educational neglect of the child, he ultimately addressed the child’s behavioral and educational needs, and the child thrived in his care (see Matter of Ricardo S. v Carron C., 91 AD3d 556 [1st Dept 2012]). Among other things, the child progressed from exhibiting fairly severe behavioral problems and social delays, to being a functioning member of a third grade classroom, with friends and extracurricular activities.

Based on all the evidence, Supreme Court properly determined that a continuation of the mother’s supervised therapeutic visitation with the child, rather than non-therapeutic supervised visitation, would be in the child’s best interest (see Matter of Flood v Flood, 63 AD3d 1197, 1198 [3d Dept 2009]).

We have considered the mother’s remaining arguments and find them unavailing.

Concur — Sweeny, J.P., Renwick, Manzanet-Daniels, Gische and Webber, JJ.

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*584 Order, Supreme Court, New York County (Matthew F. Cooper, J.), entered February 5, 2015, which, to the extent appealed from as limited by the briefs, granted defendant father sole legal and physical custody of the subject child, with therapeutic supervised visitation for plaintiff mother, unanimously affirmed, without costs.

Supreme Court’s determination that an award of sole custody to the father would be in the child’s best interest has a sound and substantial basis in the record (see Eschbach v Eschbach, 56 NY2d 167 [1982]). The court considered the appropriate factors in making its determination, including the parties’ credibility (see id.), and gave appropriate weight to the testimony and recommendations of the court-appointed forensic expert (Matter of Cisse v Graham, 120 AD3d 801, 806 [2d Dept 2014], affd 26 NY3d 1103 [2016]). The record shows that the mother’s lack of insight into her parenting deficiencies and failure to engage in recommended mental health services led to findings of educational and medical neglect against her and a release of the child to the father (see Matter of Kira J. [Lakisha J.], 108 AD3d 541 [2d Dept 2013]). Although the father also was found responsible for the medical and educational neglect of the child, he ultimately addressed the child’s behavioral and educational needs, and the child thrived in his care (see Matter of Ricardo S. v Carron C., 91 AD3d 556 [1st Dept 2012]). Among other things, the child progressed from exhibiting fairly severe behavioral problems and social delays, to being a functioning member of a third grade classroom, with friends and extracurricular activities.

Based on all the evidence, Supreme Court properly determined that a continuation of the mother’s supervised therapeutic visitation with the child, rather than non-therapeutic supervised visitation, would be in the child’s best interest (see Matter of Flood v Flood, 63 AD3d 1197, 1198 [3d Dept 2009]).

We have considered the mother’s remaining arguments and find them unavailing.

Concur — Sweeny, J.P., Renwick, Manzanet-Daniels, Gische and Webber, JJ.

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Bluebook (online)

2016 NY Slip Op 6891, 143 A.D.3d 583, 39 N.Y.S.3d 450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michelle-r-v-alexander-r-nyappdiv-2016.

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