Sorrentino v. Keating, 1555
| Decision Date | 16 March 2018 |
| Docket Number | CAF 17–01310,1555 |
| Parties | In the Matter of Lynnsey SORRENTINO, Petitioner–Appellant, v. Neal B. KEATING, Respondent–Respondent. Tanya J. Conley, Esq., Attorney for the Child, Appellant. |
| Court | New York Supreme Court — Appellate Division |
159 A.D.3d 1505
71 N.Y.S.3d 793
In the Matter of Lynnsey SORRENTINO, Petitioner–Appellant,
v.
Neal B. KEATING, Respondent–Respondent.
Tanya J. Conley, Esq., Attorney for the Child, Appellant.
1555
CAF 17–01310
Supreme Court, Appellate Division, Fourth Department, New York.
Entered: March 16, 2018
THE SAGE LAW FIRM GROUP, PLLC, BUFFALO (KATHRYN FRIEDMAN OF COUNSEL), FOR PETITIONER–APPELLANT.
TANYA J. CONLEY, ROCHESTER, ATTORNEY FOR THE CHILD, APPELLANT PRO SE.
LISA A. SADINSKY, ROCHESTER, FOR RESPONDENT–RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
Memorandum:
In this proceeding pursuant to Family Court Act article 6, petitioner mother and the Attorney for the Child (AFC) appeal from an order that, inter alia, awarded the mother and respondent father joint legal custody and shared physical custody of their child, and required the mother to relocate and maintain a residence "within 35 minutes['] travel of the [f]ather's current residence at Brockport College." Contrary to the contention of the mother and the AFC, we conclude that Family Court's determination that joint legal custody is in the best interests of the child "is supported by the requisite ‘sound and substantial basis in the record’ and thus will not be disturbed" ( Matter of Stilson v. Stilson, 93 A.D.3d 1222, 1223, 940 N.Y.S.2d 426 [4th Dept. 2012] ).
We agree with the mother and the AFC, however, that the court's determination that shared physical custody without designation of a primary physical residential parent is in the best interests of the child lacks a sound and substantial basis in the record. Here, the mother and the father were never married. They met when the mother, then an undergraduate student, took a class taught by the father, a college professor. The parties did not live together while the mother attended the college where the father is employed, and they moved to the Buffalo area several months before the child was born. The parties then moved to Holley, where they resided together with the child for less than two years before the mother moved to Marcellus. The father then moved to Brockport.
Although the father has made accommodations for the child at his apartment in the...
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