Matter of Andrea C. v. David B., 146 A.D.3d 1104 (N.Y. App. Div. 2017). · Go Syfert
Matter of Andrea C. v. David B., 146 A.D.3d 1104 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Melissa MM. v. Barrett LL. (nyappdiv, 2026-04-02)
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Melissa MM. v. Barrett LL.
N.Y. App. Div. · 2026 · confidence medium
Although testimony established that the father declined to administer a supplement regime recommended by healthcare professionals — based upon his belief that the child's physical and mental health concerns could be addressed through alternative means — the record reflects that he did not disregard the child's needs (<i>compare Matter of Andrea C. v David B.</i>, 146 AD3d 1104, 1106-1107 [3d Dept 2017]).
discussed Cited as authority (rule) Matter of King v. King
N.Y. App. Div. · 2025 · confidence medium
We reject the father's contention that the court's best interests analysis "placed undue emphasis on [his] purported shortcomings." In making its determination, the court was required to consider all factors that could impact the best interests of the child ( see Matter of K.C. v N.C. , 215 AD3d 1238 , 1240 [4th Dept 2023], lv denied 40 NY3d 907 [2023]; see generally Eschbach v Eschbach , 56 NY2d 167, 172 [1982]; Matter of Braga v Bell , 151 AD3d 1924, 1925 [4th Dept 2017], lv denied 30 NY3d 905 [2017]), and the court properly considered the father's actions and determined that his inability t…
discussed Cited as authority (rule) Matter of Ronald R. v. Natasha FF.
N.Y. App. Div. · 2023 · confidence medium
As there is no dispute that a change in circumstances occurred since the entry of the 2018 order, our inquiry turns to whether Family Court's custodial arrangement serves the best interests of the child ( see Matter of Benjamin V. v Shantika W. , 207 AD3d 1017, 1018 [3d Dept 2022]; Matter of Andrea C. v David B. , 146 AD3d 1104, 1106 [3d Dept 2017]).
discussed Cited as authority (rule) Matter of Mountzouros v. Mountzouros
N.Y. App. Div. · 2021 · confidence medium
The father failed to preserve for our review his further contention that the court's determination to suspend his communication with the children's service providers is based solely upon inadmissible hearsay ( see Matter of Nicole J.R. v Jason M.R. , 81 AD3d 1450, 1452 [4th Dept 2011], lv denied 17 NY3d 701 [2011]) and, in any event, we conclude that there is a sound and substantial basis in the record to support that determination ( see generally Matter of Andrea C. v David B. , 146 AD3d 1104, 1107 [3d Dept 2017]).
discussed Cited as authority (rule) Matter of Sabrina B. v. Jeffrey B.
N.Y. App. Div. · 2020 · confidence medium
There is no dispute that, given the parties inability to effectively communicate and/or unwillingness to work cooperatively with one another for the good of the child, particularly with regard to important medical and educational decisions, the existing joint custody arrangement was no longer feasible constituting a change in circumstances since entry of the prior custody order warranting Family Court's inquiry into the best interests of the child ( see Matter of Ryan XX. v Sarah YY. , 175 AD3d 1623 , 1624 [2019]; Matter of Jennifer D. v Jeremy E. , 172 AD3d 1556 , 1557 [2019]; Matter of Andre…
discussed Cited as authority (rule) Matter of Cooper v. Williams
N.Y. App. Div. · 2018 · confidence medium
Here, the parties' conceded inability to communicate or engage in cooperative decision-making with regard to medical and health care matters involving the children constitutes a change in circumstances for purposes of satisfying the mother's initial burden on her modification petition ( see Matter of Andrea C. v David B. , 146 AD3d 1104, 1106 [2017]; Matter of Blagg v Downey , 132 AD3d 1078, 1079 [2015]).
discussed Cited as authority (rule) Matter of Romero v. Guzman
N.Y. App. Div. · 2018 · confidence medium
Granting deference to Family Court's credibility determinations, such proof establishes that the September 2012 order is no longer workable and constitutes a change in circumstances necessitating a best interests review ( see Matter of Andrea C. v David B. , 146 AD3d 1104, 1106 [2017]; Matter of Emmanuel SS. v Thera SS. , 132 AD3d at 901).
discussed Cited as authority (rule) Matter of Scully v. Lent
N.Y. App. Div. · 2017 · confidence medium
The record establishes that the mother has come up with well-thought-out plans to address the child’s issues regarding medical care, schooling, and socialization, and has made appropriate decisions based on the opinions of educational and medical professionals (see Matter of Andrea C. v David B., 146 AD3d 1104, 1107 [2017]).
discussed Cited "see" Matter of Emmanuel SS. v. Thera SS.
N.Y. App. Div. · 2017 · signal: see · confidence high
Such inquiry requires an examination of several factors, including “the relative fitness, stability, past performance, and home environment of the parents, as well as their ability to guide and nurture the child and foster a relationship with the other parent” (Matter of Rockhill v Kunzman, 141 AD3d 783, 784 [2016] [internal quotation marks, brackets and cita *902 tions omitted]; see Matter of Andrea C. v David B., 146 AD3d 1104, 1106 [2017]).
discussed Cited "see" Smith v. McMiller
N.Y. App. Div. · 2017 · signal: see · confidence high
Generally, “[e]vidence that the parties’ relationship has deteriorated to the point where they are incapable of working together in a cooperative fashion for the good of their child will be sufficient to establish the requisite change in circumstances” (Matter of Colleen GG. v Richard HH., 135 AD3d 1005, 1007 [2016]; see Matter of Andrea C. v David B., 146 AD3d 1104, 1106 [2017]).
discussed Cited "see" Smith v. McMiller
N.Y. App. Div. · 2017 · signal: see · confidence high
Generally, “[e]vidence that the parties’ relationship has deteriorated to the point where they are incapable of working together in a cooperative fashion for the good of their child will be sufficient to establish the requisite change in circumstances” (Matter of Colleen GG. v Richard HH., 135 AD3d 1005, 1007 [2016]; see Matter of Andrea C. v David B., 146 AD3d 1104, 1106 [2017]).
Retrieving the full opinion text from the archive…
In the Matter of Andrea C., Respondent,
v.
David B., Appellant. (And Two Other Related Proceedings.)
521859.
Appellate Division of the Supreme Court of the State of New York.
Jan 12, 2017.
146 A.D.3d 1104
Egan, Lynch, Rose, Clark, Aarons.
Cited by 10 opinions  |  Published
Egan Jr., J.P.

Appeal from an order of the Family Court of Broome County (Connerton, J.), entered September 30, 2015, which, among other things, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, to modify a prior order of custody.

Petitioner (hereinafter the mother) and respondent (hereinafter the father) are the divorced parents of a daughter (born in 2005). In June 2007, the parties stipulated to an order granting them joint legal custody of the child with primary physical[*1105] placement to the mother and specified visitation to the father. [1] Although the parties thereafter expanded the father’s visitation schedule on their own accord and, together with the father’s new wife, often shared family dinners together, a growing disagreement began brewing between the mother and the father with respect to, among other things, day care arrangements for the child, her participation in various summer or holiday camps and the individualized services that were provided to her. [2] The parties’ differences came to a head in 2013 when the mother had the child evaluated for attention deficit hyperactivity disorder (hereinafter ADHD) and a recommendation was made that the child receive a combination of medication and counseling; the mother “was very interested in doing a trial of medication” while the father “was totally against doing any medication.”

Insofar as is relevant here, the mother commenced the first of these proceedings in September 2014 seeking sole custody of the child — citing, among other things, the father’s lack of cooperation and interference with the child’s service providers. The father cross-petitioned for sole custody — asserting, among other things, that the mother lacked the ability to effectively manage the child’s behavioral issues and placed the child on ADHD medication without his consent — and also filed a violation petition alleging that the mother failed to adhere to the visitation schedule set forth in the June 2007 order. A lengthy fact-finding hearing ensued, during the course of which testimony was received from, among others, numerous service providers, counselors and school officials. Following a Lincoln hearing, Family Court issued a comprehensive and well-reasoned decision detailing, among other things, the parties’ respective parental strengths and shortcomings, their level of acknowledgment of and philosophical differences regarding the appropriate treatment governing their daughter’s disabilities, their respective abilities to engage and work in a cooperative fashion with the child’s service providers, the quality of their respective home environments and their individual abilities to provide for their child’s intellectual and emotional development. Upon due consideration thereof, Family Court awarded the mother sole legal and physical custody of the child with[*1106] significant visitation to the father. This appeal by the father ensued. [3]

Initially, the father does not dispute that the marked deterioration in the parties’ relationship and their corresponding inability and/or unwillingness to work with one another in a cooperative fashion for the sake of their child constitutes a change in circumstances for purposes of satisfying the mother’s initial burden on her modification petition (see Matter of Rockhill v Kunzman, 141 AD3d 783, 784 [2016]). For those same reasons, there also is no question that joint legal custody no longer is feasible (see Matter of Zahuranec v Zahuranec, 132 AD3d 1175, 1176 [2015]). Hence, Family Court was tasked with fashioning a custodial arrangement that would best serve the child’s interests. Upon reviewing the record as a whole and giving due consideration to all of the relevant factors, including “each parent’s ability to furnish and maintain a suitable and stable home environment for the child, past performance, relative fitness, ability to guide and provide for the child’s overall well-being and willingness to foster a positive relationship between the child and the other parent” (Matter of Bailey v Blair, 127 AD3d 1274, 1276 [2015] [internal quotation marks, brackets and citations omitted]; see Matter of Coleman v Millington, 140 AD3d 1245, 1247 [2016]), as well as the transcript of the Lincoln hearing (see Matter of Shokralla v Banks, 130 AD3d 1263, 1265 [2015]), we are satisfied that Family Court’s decision to award sole legal and physical custody of the child to the mother and expansive visitation to the father is supported by a sound and substantial basis in the record.

Here, Family Court was faced with the difficult task of choosing between two loving but very different (and often obstinate) parents — each of whom possesses largely irreconcilable parenting philosophies (particularly with respect to their appreciation of and willingness to seek outside help with respect to their child’s particular needs). According to the father, the mother lacks the intellectual capacity and coping skills to properly manage and resolve the child’s behavioral issues, has effectively delegated her parental decision making to various third-party service providers and has demonstrated impaired parental judgment by excluding him from important decisions[*1107] regarding the child’s care and treatment. The mother, on the other hand, contends that the father refuses to accept the child’s disabilities, does not support the recommended treatment for the child’s diagnosed ADHD, is opposed to the child’s enrollment in special education classes (preferring instead that she “act like a regular child”) and has effectively abdicated his parental role by, among other things, failing to pursue needed services for the child — believing instead that he alone is capable of meeting her needs. Family Court, drawing upon its “superior vantage point of observing the demeanor of the witnesses who testified before it” (Matter of Ryan v Lewis, 135 AD3d 1135, 1137 [2016] [internal quotation marks and citation omitted]), largely credited the testimony of the mother — finding that the mother was “more aware of and involved with” the child’s teachers and service providers, had made “thoughtful, rationale ] decisions” with respect to the child’s welfare and, on balance, was capable of providing “a greater continuity of care” for the child than the father (see Matter of Blagg v Downey, 132 AD3d 1078, 1080 [2015]). The court’s findings in this regard are fully supported by the testimony of numerous service providers, who generally attested to the father’s lack of involvement in, opposition to and/or disruptive behavior regarding their efforts to provide services to the child (see Matter of Virginia C. v Donald C., 114 AD3d 1032, 1034 [2014]). Although Family Court recognized the “important role” that the father played in the child’s life, including providing necessary structure and discipline, it was, in the final analysis, the father’s attitude, demeanor and parenting style that prompted Family Court to award sole legal and physical custody to the mother — taking care to ensure that the father had frequent and meaningful access to the child and, further, that he was kept apprised of the child’s medical and service providers and received appropriate notices and updates from the child’s school. Given that Family Court had the opportunity to observe the parties and their respective witnesses firsthand over the course of the lengthy fact-finding hearing, and inasmuch as the court’s findings are supported by a sound and substantial basis in the record, we discern no basis upon which to disturb the custodial arrangement fashioned by Family Court. The father’s remaining contentions are either unpreserved for our review or have been examined and found to be lacking in merit.

Lynch, Rose, Clark and Aarons, JJ., concur.

Ordered that the order is affirmed, without costs.

1

. The June 2007 order apparently was incorporated but not merged into the parties’ 2009 judgment of divorce.

2

. The child, who has certain learning disabilities and developmental delays, began receiving early intervention services as an infant and, as of the time of the hearing, had an individualized education plan.

3

. During the pendency of this appeal, the parties filed competing modification petitions, in addition to certain enforcement and violation petitions. By order entered August 17, 2016, Family Court, among other things, dismissed the respective modification petitions, declining to alter the custodial arrangement set forth in its September 2015 order. Accordingly, this appeal is not moot.