New York Family Law Blog
In New York, custody decisions are based on what is in the best interests of the child. These cases can involve difficult questions about parenting time, joint legal custody, and changes in a child’s mental and emotional condition. In Matter of Chad KK. v. Jennifer LL., the Appellate Division, Third Department reviewed a Family Court decision that kept joint custody in place but modified the father’s parenting time. The court had to evaluate how to balance the child’s relationship with both parents while considering the child’s emotional well-being.
Background Facts
The father and mother were divorced and had two children. A 2019 custody order gave them joint legal custody. The mother had primary residential custody. The father had parenting time on Mondays after school and on alternating weekends, depending on his work schedule.
In February 2020, the father filed a petition to modify the custody order. He claimed there had been a change in circumstances. Specifically, he pointed to the mother’s recent misdemeanor conviction and concerns about the children’s school attendance. He also claimed that the mother was responsible for damaging his relationship with the children.
Family Court held a fact-finding hearing and also conducted Lincoln hearings, which are private interviews with the children conducted by the judge. At the end of the hearing, the court decided there had been a change in circumstances. It continued joint legal custody but increased the younger child’s parenting time with the father to include alternating weekends with overnight stays.
The mother appealed.
Question Before the Court
Whether Family Court’s decision to continue joint custody and increase the father’s parenting time was in the best interests of the younger child.
Court’s Decision
The appellate court agreed with part of the Family Court’s decision and disagreed with another part. The court upheld the decision to maintain joint legal custody. It found that both parents were fit and had shown they could cooperate on parenting issues despite some conflict. The court emphasized that joint custody is preferred when parents are able to communicate and work together.
However, the court found that the decision to increase the father’s parenting time, especially adding overnight visits, was not supported by the record. It reversed that part of the order and sent the case back to Family Court to determine a new visitation schedule.
Discussion
New York courts look at several factors when deciding whether to modify custody. These include the home environment, the need for stability, each parent’s past involvement, and their willingness to support the child’s relationship with the other parent.
Both parents in this case had a history of conflict, but the court found it had not reached a point where joint custody could no longer work. The parents had disagreements but were still able to communicate when necessary. That supported the continuation of joint legal custody.
However, the court focused closely on the child’s relationship with the father. The record showed that the younger child often resisted spending time with the father. There was no finding that the mother caused the child to feel this way. Instead, the court found that the father’s own actions—or lack of effort—had contributed to the decline in their relationship.
The child’s mental health was another important factor. The child had been diagnosed with anxiety and depression. A mental health professional who treated the child testified that the child found the relationship with the father to be a source of stress. The professional also testified that changes to the custody arrangement could worsen the child’s condition.
The court considered these factors alongside the attorney for the child’s position. The attorney supported the mother’s position and did not support expanding the father’s parenting time.
Because of all of these considerations, the court decided that the additional parenting time and overnight visits with the father were not in the child’s best interests.
At the same time, the court rejected the idea that the child’s current feelings toward the father should result in no parenting time. The appellate court explained that visitation should not be completely cut off. Instead, it instructed Family Court to develop a revised schedule that would allow the father to maintain regular contact while also being sensitive to the child’s mental and emotional needs.
Conclusion
In child custody cases, a court’s goal is to make decisions that support the child’s well-being. This case showed how courts try to balance different factors, including mental health needs, family relationships, and each parent’s efforts.
The court recognized that joint custody can remain in place even when there is some conflict between the parents, as long as both parents are able to cooperate. But it also made clear that increasing parenting time, especially when a child is already under stress, must be supported by evidence that it would not be harmful.
If you are involved in a custody case or are concerned about a change in custody or parenting time, it is important to speak with a lawyer. In New York, courts make decisions based on what is best for the child under all the circumstances. An experienced New York child custody lawyer at Stephen Bilkis & Associates can help you understand your options and guide you through the process.