Long Island’s Best Divorce Lawyer said this was the appeal of an order of the Family Court which awarded physical custody of the parties’ child to the Petitioner (hereafter the Father). The parties were the unmarried parents of a son. The parties separated and the Father commenced a custody proceeding. The Respondent Mother (hereafter the Mother) cross-petitioned shortly thereafter. Following a hearing of the Family Court, the Court granted joint legal custody to the parties and primary physical custody to the Father.
At the underlying hearing, the parties were the only witnesses to testify. A Nassau County Child Custody Attorney said the considerations the Family Court make when deciding a custody determination are “the parents’ past performance and relative fitness, their willingness to foster a positive relationship between the child and the other parent, as well as their ability to maintain a stable home environment and provide for the child’s overall well-being.” Looking at these considerations, the Appellate Division affirmed the decision of the Family Court.
Following the parties’ separation, the Mother moved five times and finally settled in Albany County which was 67 miles from the original residence in Fulton County. The Mother’s work schedule as a home health aide required shifts of considerable hours and the shifts were subject to change depending on the health of her patient. The Father resided in the same home for over 9 years and adjusted his work schedule “to be more regular and predictable, and to allow more time with his family.” His mother lived “next door” and other family members would provide day-care services for the child. The Family Court noted that the Father very much encouraged visitation and the development of the child’s relationship with the Mother. While the Mother testified that the Father “could see the child ‘if he wants to come and get him’”. Looking at the totality of the circumstances, the Appellate Division affirmed the determination of the Family Court.
The attorneys at Simonetti & Associates have extensive experience conducting child custody hearings and work hard to present a strong case for their clients. Serving all your needs related to divorce in Suffolk County and Nassau County
