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IT WAS IN THE BEST INTERESTS OF SIBLINGS TO REMAIN TOGETHER, CUSTODY OF BOTH CHILDREN SHOULD HAVE BEEN AWARDED TO FATHER IN THIS MODIFICATION PROCEEDING.

The Second Department determined Family Court properly awarded custody of Jonathan to father, finding modification of custody was justified by changed circumstances. However Family Court erred in failing to award father custody of Jonathan’s sibling, Madison. It was deemed to be in Madison’s best interests to continue living with Jonathan:

… [T]he Supreme Court’s determination that the evidence did not demonstrate a sufficient change in circumstances warranting modification of the custody provisions of the settlement agreement so as to award the father residential custody of the parties’ child Madison is not supported by a sound and substantial basis in the record. It “has long [been] recognized that it is often in the child’s best interests to continue to live with his [or her] siblings” … , and “the courts will not disrupt sibling relationships unless there is an overwhelming need to do so” … . It is undisputed that Jonathan and Madison have a close relationship, and, based upon the recommendations of the children’s therapist that they should not be separated, the position of the attorney for the children that they should remain with the same custodial parent, and evidence that the father demonstrated more of an ability and willingness to assure meaningful contact between the children and the mother, and to foster a healthier relationship between the children and the mother, than the mother would have fostered between the children and the father, the court should have awarded residential custody of Madison to the father … . Cook v Cook, 2016 NY Slip Op 05743, 2nd Dept 8-10-16

FAMILY LAW IT WAS IN THE BEST INTERESTS OF SIBLINGS TO REMAIN TOGETHER, CUSTODY OF BOTH CHILDREN SHOULD HAVE BEEN AWARDED TO FATHER IN THIS MODFICATION PROCEEDING/CUSTODY IT WAS IN THE BEST INTERESTS OF SIBLINGS TO REMAIN TOGETHER, CUSTODY OF BOTH CHILDREN SHOULD HAVE BEEN AWARDED TO FATHER IN THIS MODFICATION PROCEEDING)

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JOINDER OF DEFENDANT AND CO-DEFENDANT FOR TRIAL WAS LAWFUL BUT, BECAUSE OF IRRECONCILABLE... ALTHOUGH MOTHER WAS ENTITLED TO CUSTODY AS SOLE SURVIVING PARENT, HER PETITION...