Family Court Should Have Granted Change-of-Custody Petition

The Second Department determined Family Court erred in not granting father’s petition for a modification of a custody arrangement. Father was awarded temporary custody while the mother dealt with abuse or neglect allegations which were eventually determined to be “unfounded.”  The father then petitioned for sole residential custody:

The evidence presented at the hearing on the father’s petition established that, while living with the father …, the child, who has special needs, had thrived both at home and in school. It would be disruptive to remove the child from the father’s house and his established routine … . Moreover, the father is ensuring that the child maintains a strong and continuing relationship with the mother. The continuation of a liberal visitation schedule will provide the mother with a meaningful opportunity to maintain a close relationship with the child … . We note that the attorney for the child supports the award of sole residential custody of the child to the father… .  Matter of Ellis v Burke, 2013 NY Slip Op 05524, 2nd Dept 7-31-13