Tamara FF. v. John FF., 75 A.D.3d 688 (N.Y. App. Div. 2010). · Go Syfert
Tamara FF. v. John FF., 75 A.D.3d 688 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Lorimer v. Lorimer (nyappdiv, 2018-12-20)
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Lorimer v. Lorimer
N.Y. App. Div. · 2018 · confidence medium
Here, the older child was nearly 11 years old at the time of the hearing, an age at which her preferences "were not necessarily entitled to the great weight we accord to the preferences of older adolescents . . . [but were], at minimum, entitled to consideration" ( Matter of Rivera v LaSalle , 84 AD3d 1436, 1439 [2011] [internal quotation marks and citations omitted]; see Matter of Turner v Turner , ___ AD3d ___,___, 2018 NY Slip Op 07988, *2 [2018] ["considerable weight" given to preferences of 12 year old]; Matter of Tamara FF. v John FF. , 75 AD3d 688, 690 [2010] [children aged 13, 12 and 1…
discussed Cited as authority (rule) Matter of Shirreece AA. v. Matthew BB.
N.Y. App. Div. · 2018 · confidence medium
Nor was there record support for the restriction that Family Court imposed on the mother's parenting time, which precluded the mother from having parenting time with the child when her boyfriend had parenting time with his children ( see Matter of Christopher T. v Jessica U. , 90 AD3d 1092, 1094 [2011]; Matter of Tamara FF. v John FF. , 75 AD3d 688, 690 [2010]).
discussed Cited as authority (rule) Smithey v. McAbier
N.Y. App. Div. · 2016 · confidence medium
Moreover, an award of joint legal custody was not appropriate given the demonstrated inability of the parties to successfully communicate (see Matter of Jarren S. v Shaming T., 117 AD3d at 1111 ; Matter of Tamara FF. v John FF., 75 AD3d 688, 688-689 [2010]).
discussed Cited as authority (rule) Smithey v. McAbier
N.Y. App. Div. · 2016 · confidence medium
Moreover, an award of joint legal custody was not appropriate given the demonstrated inability of the parties to successfully communicate (see Matter of Jarren S. v Shaming T., 117 AD3d at 1111 ; Matter of Tamara FF. v John FF., 75 AD3d 688, 688-689 [2010]).
discussed Cited as authority (rule) Kathleen LL. v. Christopher I.
N.Y. App. Div. · 2016 · confidence medium
Under the circumstances present here, we deem it prudent to leave the suspension of visitation in effect on a temporary basis and remit so that Family Court may further develop the record, ascertain the wishes of the child, and fashion an appropriate order (see Matter of Tamara FF. v John FF., 75 AD3d 688, 690 [2010]).
discussed Cited as authority (rule) Kathleen LL. v. Christopher I.
N.Y. App. Div. · 2016 · confidence medium
Under the circumstances present here, we deem it prudent to leave the suspension of visitation in effect on a temporary basis and remit so that Family Court may further develop the record, ascertain the wishes of the child, and fashion an appropriate order (see Matter of Tamara FF. v John FF., 75 AD3d 688, 690 [2010]).
discussed Cited as authority (rule) Oddo v. Collins
N.Y. App. Div. · 2012 · confidence medium
We therefore remit the matter to Supreme Court to give the court the opportunity, at a minimum, to conduct a Lincoln hearing with the child, who is now old enough to provide insight as to her interaction with each of her parents in the home (see Matter of Tamara FF. v John FF., 75 AD3d 688, 690 [2010]; Matter of Flood v Flood, 63 AD3d 1197, 1199 [2009]).
discussed Cited as authority (rule) Oddo v. Collins
N.Y. App. Div. · 2012 · confidence medium
We therefore remit the matter to Supreme Court to give the court the opportunity, at a minimum, to conduct a Lincoln hearing with the child, who is now old enough to provide insight as to her interaction with each of her parents in the home (see Matter of Tamara FF. v John FF., 75 AD3d 688, 690 [2010]; Matter of Flood v Flood, 63 AD3d 1197, 1199 [2009]).
cited Cited as authority (rule) Ryan Michael Hart v. Robin Barnett Hart
Va. Ct. App. · 2012 · confidence medium
Ct. App. 2007) (applying “an appreciable danger of hazard cognizable in our law”); Matter of Tamara FF. v. John FF., 903 N.Y.S.2d 827, 830 (N.Y.
discussed Cited as authority (rule) Hughes v. Gallup-Hughes
N.Y. App. Div. · 2011 · confidence medium
These circumstances provide a substantial basis for Supreme Court’s conclusion that joint custody was not appropriate (see Williams v Williams, 78 AD3d at 1258 ; Matter of Tamara FF. v John FF., 75 AD3d 688, 688-689 [2010]).
cited Cited as authority (rule) Hissam v. Hissam
N.Y. App. Div. · 2011 · confidence medium
In reviewing custody determinations, this Court accords deference to the trial court’s assessment of witness credibility (see Matter of Tamara FF. v John FF., 75 AD3d 688, 688-689 [2010]).
discussed Cited as authority (rule) Jennifer G. v. Benjamin H.
N.Y. App. Div. · 2011 · confidence medium
In short, there was a sufficient change in circumstances to support the determination that joint legal custody was no longer appropriate and that, under the circumstances, the mother should have legal custody (see Matter of Rikard v Matson, 80 AD3d 968, 969-970 [2011], lv denied 16 NY3d 709 [2011]; Matter of Tamara FF. v John FF., 75 AD3d 688, 689 [2010]).
discussed Cited as authority (rule) Williams v. Williams
N.Y. App. Div. · 2010 · confidence medium
Given the animosity between the parties, which prevented them from effectively communicating, Supreme Court properly determined that joint custody was not appropriate (see Matter of Tamara FF. v John FF., 75 AD3d 688, 689 [2010]) and proceeded to assess the best interests of the children in order to make an award of sole custody (see Matter of Hildenbrand v Hildenbrand, 37 AD3d 981, 981 [2007]).
discussed Cited as authority (rule) Moore v. Fink
N.Y. App. Div. · 2010 · confidence medium
Lastly, inasmuch as the attorney for the children failed to establish, through substantial evidence, that alternate weekend and Monday visitation with extended summer visitation with the mother would be harmful to the children, the presumption that visitation with their mother is in the children’s best interests has not been rebutted, and Family Court’s determination awarding the mother visitation rights is supported by the record (see Matter of Tamara FF. v John FF., 75 AD3d 688, 690 [2010]; Matter of Baker v Blanchard, 74 AD3d 1427, 1428 [2010]; Matter of Garraway v Laforet, 68 AD3d 1192…
discussed Cited "see, e.g." Jessica B. ex rel. Joseph B. v. Robert B.
N.Y. App. Div. · 2013 · signal: see also · confidence medium
Although not determinative, the wishes of this 14-year-old child should be considered, and the insight she may provide will be helpful; thus, in these unusual circumstances, we remit for a Lincoln hearing (see Matter of Flood v Flood, 63 AD3d 1197, 1199 [2009]; see also Matter of Tamara FF., John FF., 75 AD3d 688, 690 [2010]).
discussed Cited "see, e.g." Jessica B. ex rel. Joseph B. v. Robert B.
N.Y. App. Div. · 2013 · signal: see also · confidence medium
Although not determinative, the wishes of this 14-year-old child should be considered, and the insight she may provide will be helpful; thus, in these unusual circumstances, we remit for a Lincoln hearing (see Matter of Flood v Flood, 63 AD3d 1197, 1199 [2009]; see also Matter of Tamara FF., John FF., 75 AD3d 688, 690 [2010]).
Retrieving the full opinion text from the archive…
In the Matter of Tamara FF.
v.
John FF., (And Another Related Proceeding.)
Appellate Division of the Supreme Court of the State of New York.
Jul 1, 2010.
75 A.D.3d 688
Spain.
Cited by 17 opinions  |  Published
Spain, J.

Appeal from an order of the Family Court of Broome County (Pines, J.), entered August 11, 2009, which, among other things, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, for custody of the parties’ children.

The parties are the parents of three children (born in 1995, 1996 and 1998) and, as of the commencement of these proceedings, had been married for over 14 years. In November 2008, petitioner (hereinafter the mother) filed a family offense petition against respondent (hereinafter the father) and commenced a proceeding seeking sole custody of the three children. Following a hearing, Family Court granted sole custody to the mother with one hour of supervised visitation each week to the father, dismissed her family offense petition and issued an order of protection against the father in favor of the mother and the children. The father now appeals, arguing that joint custody is appropriate and that the order of protection was unfounded.

Although “joint custody is an aspirational goal in every custody matter, such an award is inappropriate where the parties have demonstrated an inability to effectively communicate or cooperate to raise the children” (Matter of Clupper v Clupper, 56 AD3d 1064, 1065 [2008]). Here, after “[according the appropriate great deference to Family Court’s factual determina[*689] tions and assessments of credibility, we agree that joint custody is not feasible” (Matter of Melissa K. v Brian K., 72 AD3d 1129, 1131 [2010] [internal quotation marks and citations omitted]). The record supports Family Court’s finding that the parties’ ability to communicate and effectively make joint decisions had been seriously compromised by recent events. Specifically, in April 2008, the father’s pistol permit was suspended after he got into a road rage altercation with another driver, an event that precipitated a series of problems culminating in these proceedings. The father was charged with criminal contempt in the second degree when he failed to turn over his weapons as a result of the suspension of his permit. In a letter written in September 2008, the father expressed outrage at the situation, claiming a violation of his constitutional rights and suggesting a conspiracy against him by Broome County officials. In October 2008, the day before his hearing on the criminal contempt charge, the father was arrested when he allegedly displayed suspicious behavior outside the courthouse. After the arrest, the police found, upon receiving permission from the mother to search their vehicle and home, a dagger in the vehicle and loaded, unlocked guns that the father had left in their home, as well as swords and nunchucks.

The mother’s request for sole custody followed these events. She testified that she feared the father, noting additional incidents where he had exhibited “road rage” and one incident where he had kicked his son, leaving a mark. The mother also sought custody in response to the father’s stated intention of moving the family out of state away from her extended family because he is frustrated with New York State’s interference with his right to retain weapons. She explained that the father’s lack of respect for legal authority frightened her in that she was afraid he would do something “stupid.” In addition, the mother expressed her reluctance to standing up to the father because he “demeaned” her on a regular basis. In his testimony, the father admitted that he believed, as the male in the relationship, that when the parties disagreed he alone would make the final decision. Given these restrictions on the parties’ ability to effectively communicate and the father’s recent troubling behavior, we find that Family Court had a sound and substantial basis for declining to grant joint custody (see Matter of Kowatch v Johnson, 68 AD3d 1493, 1494 [2009], lv denied 14 NY3d 704 [2010]; Matter of Cobane v Cobane, 57 AD3d 1320, 1322 [2008], lv denied 12 NY3d 706 [2009]; Matter of Eck v Eck, 33 AD3d 1082, 1083-1084 [2006]).

Once it was determined that joint custody was not feasible,[*690] Family, Court considered the children’s best interests and awarded custody to the mother, who has a steady job, a place to live and the support of her family. The father did not seek sole custody and, in any event, after considering the need for maintaining stability in the children’s lives and assessing the home environments of both parents, we find that Family Court’s determination is supported by the record (see Matter of Holle v Holle, 55 AD3d 991, 992 [2008]; Matter of Miller v Miller, 287 AD2d 814, 815 [2001], lv denied 97 NY2d 610 [2002]).

Turning to the issue of visitation, we agree with the father that the record does not support the severe restrictions placed on his ability to see his children. “Visitation by a noncustodial parent is presumed to be in the child[ren]’s best interest” (Matter of Frierson v Goldston, 9 AD3d 612, 614 [2004]). Here, both parties testified that the father had a good relationship with his children and, despite her professed fears, the mother admitted that the father is not frequently angry and that she had not noticed any negative impact on the children stemming from the father’s recent, erratic behavior. In the absence of a forensic evaluation or any insight into the children’s views, we are unable to determine whether such limitations on the father’s access to his children are warranted (see Matter of Rivera v Tomaino, 46 AD3d 1249, 1250 [2007]; Matter of Albanese v Albanese, 44 AD3d 1117, 1120 [2007]; see also Matter of Amato v Amato, 51 AD3d 1123, 1124-1125 [2008]). Accordingly, the matter should be remitted to Family Court to give the court the opportunity, at a minimum, to conduct a Lincoln hearing with these children, who are certainly old enough to provide insight into their relationship with their father (see Matter of Flood v Flood, 63 AD3d 1197,1199 [2009]; cf. Matter of Mitchell v Mitchell, 209 AD2d 845, 847 [1994]).

Finally, issues relating to the father’s challenge to the order of protection are moot, inasmuch as the order of protection expired by its own terms in April 2010 (see Matter of Boua TT. v Quamy UU., 66 AD3d 1165, 1167 [2009], lv denied 14 NY3d 702 [2010]).

Mercure, J.E, Peters, Malone Jr. and Kavanagh, Jj, concur. Ordered that the order is modified, on the facts, without costs, by reversing so much thereof as established one hour of weekly supervised visitation for respondent; matter remitted to the Family Court of Broome County for further proceedings not inconsistent with this Court’s decision, and, pending said proceedings, the existing visitation order shall continue on a temporary basis; and, as so modified, affirmed.