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FAMILY COURT’S CONCLUSIONS IN THIS CUSTODY MATTER WERE NOT SUPPORTED BY THE RECORD, MATTER REMITTED FOR PROCEEDINGS BEFORE A DIFFERENT JUDGE (THIRD DEPT).

The Third Department, reversing Family Court, determined that the custody determinations were not supported by the record and remitted the matter for further proceedings before a different judge. The decision is too fact-specific to fairly summarize here:

We agree with the mother that Family Court’s decision and order mischaracterizes and, at times, inaccurately reflects the record evidence and that, therefore, its determination lacks a sound and substantial basis in the record. …

… [T]he record evidence does not support Family Court’s depiction of the mother as “a hands-off parent who appears to pay little attention to the child’s needs when he is in her care” or its converse depiction of the father as a “devote[d]” parent with few, if any, flaws. Our review of the evidence reveals a more complicated picture than that portrayed by Family Court. …

… [T]he record evidence, including the father’s own admissions, completely contradicts Family Court’s conclusion that there was no support for the mother’s claim of substance abuse and domestic violence by the father. …

Family Court’s conclusion that there “was no credible evidence of domestic violence” by the father against the mother was also contradicted by the record. …

… Family Court misconstrued, mischaracterized and otherwise amplified the evidence to portray the mother in the light least favorable. …

Moreover, even if Family Court’s determination to award the father primary physical custody were supported by a sound and substantial basis, there was no basis for the severe reduction of the mother’s overall time with the child, particularly since the parties had previously shared 50/50 custody of the child … . Matter of Shirreece AA. v Matthew BB., 2018 NY Slip Op 08215, Third Dept 11-29-18

FAMILY LAW (FAMILY COURT’S CONCLUSIONS IN THIS CUSTODY MATTER WERE NOT SUPPORTED BY THE RECORD, MATTER REMITTED FOR PROCEEDINGS BEFORE A DIFFERENT JUDGE (THIRD DEPT))/EVIDENCE (FAMILY LAW, CUSTODY, FAMILY COURT’S CONCLUSIONS IN THIS CUSTODY MATTER WERE NOT SUPPORTED BY THE RECORD, MATTER REMITTED FOR PROCEEDINGS BEFORE A DIFFERENT JUDGE (THIRD DEPT))/CUSTODY (FAMILY COURT’S CONCLUSIONS IN THIS CUSTODY MATTER WERE NOT SUPPORTED BY THE RECORD, MATTER REMITTED FOR PROCEEDINGS BEFORE A DIFFERENT JUDGE (THIRD DEPT))

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