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Law & Mediation Office of Lewis S. Calderon

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Successfully resolving family disputes for over 20 years

Won affirmance of order granting the father’s petition to modify custody.

Matter of Carl T. v Yajaira A.C., 95 AD3d 640 (1st Dept 2012)

In an appeal by the mother of an order that granted the father’s petition for a modification of custody and visitation and issued a final order of custody to the father and an order of only supervised visitation to the mother, the First Department accepted my argument that Family Court properly granted the father’s petition for modification of custody and visitation.  The Court accepted my argument that there was ample basis for the court’s determination that the circumstances had changed sufficiently to modify the original custody order where for example, the mother made derogatory remarks to the child, and apparently failed to appreciate how these remarks affected him emotionally and where the mother had physically harmed the child; and where the mother no longer provided the child with an appropriate place to live, instead staying with him in a storage area that had no sink or shower. The Court further also accepted my argument that supervised visitation was warranted for the mother given her consistent pattern of destructive behavior toward the child, which continued even during supervised visits.http://www.nycourts.gov/reporter/3dseries/2012/2012_03877.htm