Won Affirmance Of Order Of Custody To The Father.

Matter of Aaron P. v Tamara F.>, 137 AD3d 485 (1st Dept 2016)

In this appeal by the mother from an award of custody to the father, the First Department accepted my argument that Family Court’s conclusion that an award of custody to the father would be in the best interests of the child is supported by a sound and substantial basis in the record and is entitled to deference.  In support of my client, I argued that the record revealed that since the child was placed into the father’s care, the father has parented appropriately and has provided a loving and stable home for the child and that the father resides with the child’s paternal grandmother and great-grandmother, who have provided financial assistance and assisted with the child’s care when needed and that moreover, the father remained amenable to continuing respondent mother’s visits with the child, which demonstrated his understanding of the benefit to the child of maintaining a relationship with the mother, as well as his sensitivity toward the child’s needs.  In contrast, I showed that the record shows that the mother suffers from mental illness and has exhibited violent, threatening and aggressive behavior, including an episode of excessive corporal punishment against the child that led to the finding of neglect against the mother and that the mother failed to appreciate the effect her behavior has on the child.

http://www.nycourts.gov/reporter/3dseries/2016/2016_01593.htm