News
Joint Custody Agreement Not Maintained Where Parents Are Antagonistic
Matter of Gorniok v. Zeledon-Mussio
March 1, 2011, Appellate Division, Second Department
The parties had joint legal custody with mother having sole physical custody and father having visitation every weekend and every Wednesday. The family court rejected father’s petition to modify custody to award him sole custody, but granted mother’s petition to award her sole custody and reduce father’s visitation to every other weekend.
The Appeals Court agreed with the Family Court on an assessment of witness credibility. There was ample evidence that the parents were hostile, antagonistic, and unable to set aside their differences for the good of the child. Therefore the court correctly concluded that joint custody was no longer appropriate.
