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Joint Custody Inappropriate Where Parents Can Not Cooperate​

In affirming Family Court’s decision to award custody to mother because of the evidence that mother and father could not cooperate, the Second Department wrote:

“[J]oint custody is encouraged primarily as a voluntary alternative for relatively stable, amicable parents behaving in mature civilized fashion” … . “However, joint custody is inappropriate where the parties are antagonistic towards each other and have demonstrated an inability to cooperate on matters concerning the child'” …. Since the record here is replete with examples of hostility and antagonism between the parties, indicating that they were unable to put aside their differences for the good of the child, the Family Court erred in awarding the parties joint legal custody of the subject child …. Rather, an award of sole legal custody to the mother is in the child’s best interests … . Matter of Wright v Kaura, 2013 NY Slip Op 03105, 2nd Dept, 5-1-13

 

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