Sanders v. Jaco
Decision Date | 08 March 2017 |
Citation | 148 A.D.3d 812,48 N.Y.S.3d 729 |
Parties | In the Matter of Juan L. SANDERS, respondent-appellant, v. Lillian JACO, appellant-respondent. |
Court | New York Supreme Court — Appellate Division |
148 A.D.3d 812
48 N.Y.S.3d 729
In the Matter of Juan L. SANDERS, respondent-appellant,
v.
Lillian JACO, appellant-respondent.
Supreme Court, Appellate Division, Second Department, New York.
March 8, 2017.
Larry S. Bachner, Jamaica, NY, for appellant-respondent.
Joseph H. Nivin, Jamaica, NY, for respondent-appellant.
Rhonda R. Weir, Brooklyn, NY, attorney for the child.
LEONARD B. AUSTIN, J.P., ROBERT J. MILLER, HECTOR D. LaSALLE, and FRANCESCA E. CONNOLLY, JJ.
Appeal by the mother and cross appeal by the father from an order of the Family Court, Queens County (Mildred T. Negron, Ct.Atty.Ref.), dated January 26, 2015. The order, insofar as appealed from, after a hearing, denied the mother's petition to modify a prior order of visitation of that court dated April 27, 2010, so as to suspend the father's visitation with the parties' child and granted that branch of the father's petition which was, in effect, to modify the order dated April 27, 2010, so as to award him increased visitation with the child. The order, insofar as cross-appealed from, denied that branch of the
father's petition which was to modify a prior order of custody and visitation of that court dated September 14, 2004, so as to award him sole custody of the child.
ORDERED that the order dated January 26, 2015, is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
The parties are the parents of a child born in 2001. An order of custody and visitation dated September 14, 2004, awarded sole custody of the child to the mother and visitation to the father. Subsequently, an order of visitation dated April 27, 2010, continued the father's visitation with the child. The father filed a petition seeking to modify the order dated September 14, 2004, so as to award him sole custody of the child or, in effect, in the alternative, to modify the order dated April 27, 2010, so as to award him increased visitation with the child. The mother filed a petition to modify the order dated April 27, 2010,...
To continue reading
Request your trial-
Brown v. Simon
...175, 436 N.Y.S.2d 862, 418 N.E.2d 377 ; see Matter of Nixon v. Ferrone, 153 A.D.3d 625, 627, 60 N.Y.S.3d 256 ; Matter of Sanders v. Jaco, 148 A.D.3d 812, 814, 48 N.Y.S.3d 729 ). Inasmuch as "[t]he best interests of the child generally lie in being nurtured and guided by both parents" ( Matt......
-
Pandis v. Lapas
...of the relationship between the plaintiff and the children was due to the plaintiff's own conduct ( Matter of Sanders v. Jaco , 148 A.D.3d 812, 813, 48 N.Y.S.3d 729 ). Contrary to the plaintiff's contention, the Supreme Court did not err in failing to order an updated forensic report. An up......
- DiNapoli v. DiNapoli
-
Sarfati v. DeJesus
...and substantial basis in the record" ( Matter of Dennis D. [Justesen], 83 A.D.3d 700, 702, 922 N.Y.S.2d 90 ; see Matter of Sanders v. Jaco, 148 A.D.3d 812, 814, 48 N.Y.S.3d 729 ; Matter of Herrera v. O'Neill, 20 A.D.3d 422, 423, 798 N.Y.S.2d 126 ). "Visitation is a joint right of the noncus......
-
GENDER BIAS IN CROSS-ALLEGATION DOMESTIC VIOLENCE-PARENTAL ALIENATION CUSTODY CASES: CAN STATES LEGISLATE THE FIX?
...Avdic v. Avdic, 125 A.D.3d 1534 (4th Dept. 2015); Halioris v. Halioris, 126 A.D.3d 973 (2d Dept. 2015)."). See also Sanders v. Jaco, 48 N.Y.S.3d 729 (N.Y. App. Div. 2017); Gerber v. Gerber, 21 N.Y.S.3d 386 (N.Y. App. Div. (194) Katz, supra note 189, at 239. (195) Id. at 239-40. (196) J.F. v......