You are here: / / Inability of One of Two Children to Get Along with Custodial Parent Was...

Inability of One of Two Children to Get Along with Custodial Parent Was a Sufficient Changed Circumstance to Justify the Award of Custody of that One Child to the Other Parent

The Fourth Department affirmed Family Court’s ruling that the father had demonstrated a change of circumstances warranting the change of custody for one of two children based upon the mother’s strained relationship with that one child:

Here, the parties vary only in their ability “to provide for the child’s emotional and intellectual development” …, and the court implicitly concluded that the mother was the less fit parent with respect to that factor …. The court determined that it was in Kaitlyn’s best interests to reside with the father because of the stress caused by the mother’s interactions with her, but that it was in Danielle’s best interests to continue residing with the mother because she had learned to cope with her mother’s personality. “Although the separation of siblings is unfortunate” …, here the children have different needs.  Indeed, this “is one of those rare cases where the breakdown in communication between the parent and child that would require a change of custody is ‘applicable only as to the best interests of one of [two] children’ ” …. Matter of O’Connell, v O’Connell, CAF 12=01649, 232, 4th Dept, 4-26-13

 

You might also like
CONSECUTIVE SENTENCES WHICH AMOUNTED TO A LIFE SENTENCE WITHOUT PAROLE WERE NOT WARRANTED (FOURTH DEPT).
IT IS REVERSIBLE ERROR FOR A JUDGE TO NEGOTIATE A PLEA DEAL WITH A CODEFENDANT IN EXCHANGE FOR TESTIMONY AGAINST THE DEFENDANT (FOURTH DEPT).
THE FACT THAT DEFENDANT WAS PARKED IN A HIGH CRIME AREA NEAR AN APARTMENT COMPLEX AND THE FILED “TRESPASS AFFIDAVIT” BY AN APARTMENT PROPERTY MANAGER, REQUESTING THAT ANYONE ON THE PROPERTY WHO WAS NOT A TENANT BE ARRESTED FOR TRESPASS, DID NOT PROVIDE THE POLICE WITH A “PARTICULARIZED” REASON FOR APPROACHING THE DEFENDANT TO REQUEST INFORMATION; THE COCAINE AND HANDGUN SEIZED UPON THE DEFENDANT’S ARREST SHOULD HAVE BEEN SUPPRESSED; THE INDICTMENT WAS DISMISSED (FOURTH DEPT).
Question of Fact Whether It Was Foreseeable Children Would “Ride” an Unsecured Gate Resulting in Injury
WATER ON THE BATHROOM FLOOR NEAR THE SHOWER WAS NECESSARILY INCIDENTAL TO THE USE OF THE SHOWER AND WAS NOT AN ACTIONABLE CONDITION IN THIS SLIP AND FALL CASE (FOURTH DEPT).
BLOCKING THE CAR IN WHICH DEFENDANT WAS A PASSENGER WAS A JUSTIFIABLE LEVEL TWO INTRUSION, THE SUBSEQUENT LEVEL THREE INTRUSION WAS JUSTIFIED BY THE INFORMATION KNOWN TO THE POLICE AT THE TIME THE DEFENDANT STARTED TO GET OUT OF THE CAR AS THE POLICE APPROACHED (FOURTH DEPT).
Spectator Watching People Sledding Assumed the Risk of Being Struck
AT THE TIME OF THE COLLISION, THE SHERIFF’S DEPUTY WAS ENGAGED IN AN EMERGENCY OPERATION AND DID NOT ACT WITH RECKLESS DISREGARD FOR THE SAFETY OF OTHERS; TWO-JUSTICE DISSENT (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Family Court Failed to Apply Equitable Distribution to Marital Assets and Failed... Incarcerated Father Entitled to Reinstatement of His Petition for Visitatio...