GREEN v. MITCHELL (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Lucious GREEN, Petitioner-Respondent, v. Vera MITCHELL, Respondent-Appellant.

Decided: November 12, 1999

PRESENT: PINE, J.P., LAWTON, HAYES, WISNER and SCUDDER, JJ.

Thomas C. Farley, Jr., Williamsville, for Respondent-Appellant. Jeffrey C. Mannillo, Cheektowaga, for Petitioner-Respondent.

Family Court did not abuse its discretion in modifying a prior custody order by awarding petitioner father joint custody and primary physical placement of the parties' minor child with specified visitation to respondent mother. In October 1996 petitioner established a change in circumstances, and respondent did not oppose the award of temporary custody to petitioner at that time. Respondent's circumstances had improved by the time an evidentiary hearing was held in January 1998, but the court determined that it was in the child's best interests to continue primary physical placement with petitioner. A custody determination by the trial court must be accorded great deference (see, Eschbach v. Eschbach, 56 N.Y.2d 167, 173-174, 451 N.Y.S.2d 658, 436 N.E.2d 1260) and should not be disturbed where, as here, it is supported by a sound and substantial basis in the record (see, Matter of Gill v. Gill, 135 A.D.2d 1090, 1091, 523 N.Y.S.2d 309).

Order unanimously affirmed without costs.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network