Custody Awarded to Parent That Can Provide More Stable Home Environment

A Long Island Family Law Attorney said this appeal is from an order of the Family Court, Oneida County.  In the proceeding at the Appellate Division, pursuant to article 6 of the Family Court Act, respondent-petitioner mother (“mother”) appeals an order of the Family Court where both parties were awarded joint custody of their daughter with primary residence to petitioner-respondent father (“father”).  The mother wished to be awarded sole custody with reasonable visitation to the father.

The standard the Appellate Division applied was what was in the best interests of the child and looked at all factors.  Such factors include “the existing custody arrangement, the current home environment, the financial status of the parties, the ability of [the parties] to provide for the child’s emotional and intellectual development and the wishes of the child…[with] no one factor [being] determinative.”  A Long Island Child Custody Lawyer said that despite there being several factors which weighed towards awarding custody to the mother, the Appellate Division affirmed the Family Court’s determination.   The Appellate Division found the determination of the Family Court to be sound as the father is in a better position to provide a more stable home environment.  The father owned a four-bedroom home and was employed.  While the mother was unemployed and had resided in several different apartments since the separation from her husband.  There were also issues with mice in one of the mother’s apartments and on a few occasions the mother ran out of money and food and had to ask the father for assistance.  The court also noted that the mother’s furniture had been repossessed while the proceeding was pending.

A separation or divorce can be very difficult on children and at times one parent is in a better position to provide a more stable home for the children.  If you are contemplating divorce and have children seek out the advice of the experienced Family Law Attorneys at Simonetti & Associates.