Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: William L. STERLING, respondent, v. Dorothy SILVA, appellant.
Appeal from stated portions of an order of the Family Court, Westchester County (Hal.B.Greenwald, J.), dated October 2, 2013. The order, inter alia, modified a prior order of joint custody so as to award sole custody of the subject child to the father, and modified the mother's visitation with the child.
ORDERED that the order is affirmed insofar as appealed from, with costs.
In this custody and visitation proceeding pursuant to Family Court Act article 6, a sound and substantial basis exists in the record for the Family Court's determination that the relationship between the parties has become so antagonistic that they are unable to cooperate on decisions regarding the subject child, and that it is in the best interests of the child for the father to have sole custody (see Matter of Conway v. Conway, 89 AD3d 936; Matter of Nell v. Nell, 87 AD3d 541).
Further, the “determination of visitation is within the sound discretion of the trial court based upon the best interests of the child, and its determination will not be set aside unless it lacks a sound and substantial basis in the record” (Matter of Lane v. Lane, 68 AD3d 995, 997; see Matter of Torres v. Ojeda, 108 AD3d 570, 570–571). Contrary to the mother's contention, the Family Court's determination that it was in the subject child's best interests to modify the mother's visitation schedule with the child has a sound and substantial basis in the record. Accordingly, we find no basis to disturb it (see Matter of Boggio v. Boggio, 96 AD3d 834, 835; cf. Matter of Samia Z., 297 A.D.2d 385).
The mother's remaining contention is without merit.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: January 14, 2015
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)