Paul A. v. Shaundell LL.

117 A.D.3d 1346, 987 N.Y.S.2d 463
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 29, 2014
StatusPublished
Cited by33 cases

This text of 117 A.D.3d 1346 (Paul A. v. Shaundell LL.) 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
Paul A. v. Shaundell LL., 117 A.D.3d 1346, 987 N.Y.S.2d 463 (N.Y. Ct. App. 2014).

Opinion

Egan Jr., J.

Appeals (1) from an order of the Family Court of Albany County (IVlaney, J.), entered July 11, 2012, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to find respondent in willful violation of a prior order of the court, and (2) from an order of said court, entered October 3, 2012, which, among other things, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

Petitioner (hereinafter the father) and respondent (hereinafter the mother) are the parents of a son (born in 2005). In July 2010, Family Court issued an order which, among other things, continued in effect an August 2008 order, entered upon stipulation of the parties, whereby the mother had sole custody of the child and the father had alternating weekend parenting time from Friday at 8:00 p.m. until Sunday at 6:00 p.m., as well as such other parenting time as agreed to by the parties. In August 2011, the father commenced the first two of these proceedings, seeking, among other things, modification of the custodial relationship and alleging the mother’s violation thereof. One month later, the father commenced a third proceeding, alleging that the mother’s harassment of him constituted a family offense.

At the initial appearance on these petitions, Family Court granted the father’s motion for an order directing a psychological evaluation of the parties and the child. When the mother allegedly failed to execute the necessary releases or submit herself or the child for evaluation, the father commenced the last of these proceedings, seeking to hold the mother in contempt. By order entered July 11, 2012, Family Court—following a hearing—found the mother to be in contempt due to, among other things, her failure to submit to the psychological evaluation. Af[1347]*1347ter additional fact-finding hearings, Family Court, by order entered October 3, 2012, dismissed the family offense petition, found the mother to be in willful violation of the prior custody orders and granted the father sole legal and physical custody of the child with supervised parenting time to the mother. The mother appeals from both the July 2012 and October 2012 orders.

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Bluebook (online)
117 A.D.3d 1346, 987 N.Y.S.2d 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-a-v-shaundell-ll-nyappdiv-2014.