Williams v. Williams, 78 A.D.3d 1256 (N.Y. App. Div. 2010). · Go Syfert
Williams v. Williams, 78 A.D.3d 1256 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
18 citation events (18 in the last 25 years) across 1 distinct court.
Strongest positive: Michael T. v. Rida S. (nyappdiv, 2026-03-05)
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Michael T. v. Rida S.
N.Y. App. Div. · 2026 · confidence medium
As such, Supreme Court appropriately declined to weigh the wife's domestic violence allegations in its best interests analysis ( see Matter of Frankie CC. v Rachel CC. , 225 AD3d 1112 , 1115 [3d Dept 2024]; Williams v Williams , 78 AD3d 1256, 1257 [3d Dept 2010]). "[A]ccording great deference to the court's opportunity to assess the witnesses' credibility and demeanor, as well as its [*2]factual findings and conclusions" ( Posporelis v Posporelis , 41 AD3d 986, 991 [3d Dept 2007]), we find the record provides a sound and substantial basis for the court's determination that joint legal custody …
discussed Cited as authority (rule) Matter of Frankie CC. v. Rachel CC.
N.Y. App. Div. · 2024 · confidence medium
However, where domestic violence has not been established by a preponderance of the evidence, the court need not consider such claims in its analysis when determining custody ( see Matter of Kelly CC. v Zaron BB. , 191 AD3d 1101 , 1104 [3d Dept 2021]; Williams v Williams , 78 AD3d 1256, 1257 [3d Dept 2010]).
discussed Cited as authority (rule) Matter of Aimee T. v. Ryan U.
N.Y. App. Div. · 2019 · confidence medium
Further, in "determining the child's best interests, Family Court 'must . . . consider the effect of domestic violence . . . when the allegations of domestic violence are proven by a preponderance of the evidence'" ( Matter of Paul CC. v Nicole DD. , 151 AD3d 1235, 1236 [2017], quoting Williams v Williams , 78 AD3d 1256, 1257 [2010]; see Domestic Relations Law § 240 [1] [a]).
cited Cited as authority (rule) Matter of Leonidez A. v. Sira L.R.
N.Y. App. Div. · 2018 · confidence medium
Williams v Williams , 78 AD3d 1256, 1258 [3d Dept 2010]; see also Ricardo S. v Carron C. , 91 AD3d 556 [1st Dept 2012]).
discussed Cited as authority (rule) Matter of Paul CC. v. Nicole DD.
N.Y. App. Div. · 2017 · confidence medium
When determining the child’s best interests, Family Court “must . . . consider the effect of domestic violence . . . when the allegations of domestic violence are proven by a preponderance of the evidence” (Williams v Williams, 78 AD3d 1256, 1257 [2010]; see Domestic Relations Law § 240 [1] [a]; Matter of Jennifer WW. v Mark WW., 143 AD3d 1063, 1064 [2016]).
discussed Cited as authority (rule) CHYRECK, DONIELLE L. v. SWIFT, JOSEPH R.
N.Y. App. Div. · 2016 · confidence medium
The record supports the court’s determination that the mother’s *1518 alleged instances of domestic violence by the father, and any alleged negative impact upon the children thereby, were not proved by a preponderance of the evidence (see Matter of Miller v Jantzi, 118 AD3d 1363, 1363-1364 [2014]; Williams v Williams, 78 AD3d 1256, 1257 [2010]; see also Matter of Booth v Booth, 8 AD3d 1104, 1105 [2004], lv denied 3 NY3d 607 [2004]).
discussed Cited as authority (rule) Matter of Brown v. Akatsu
N.Y. App. Div. · 2015 · confidence medium
This Court defers to such credibility determinations (see Matter of Leonard v Pasternack-Walton, 80 AD3d 1081, 1082 [2011]), and we note that a court is required to consider the effects of domestic violence upon the best interests of a child in making a custody determination (see Williams v Williams, 78 AD3d 1256, 1257 [2010]; Matter of Melissa K. v Brian K., 72 AD3d 1129, 1131 [2010]).
discussed Cited as authority (rule) Greene v. Robarge
N.Y. App. Div. · 2013 · confidence medium
Having determined that joint custody was no longer feasible, Family Court was then required to determine what custodial arrangement would promote the best interests of the children (see Matter of Melody M. v Robert M., 103 AD3d 932, 933 [2013]; Williams v Williams, 78 AD3d 1256, 1257 [2010]).
discussed Cited as authority (rule) Greene v. Robarge
N.Y. App. Div. · 2013 · confidence medium
Having determined that joint custody was no longer feasible, Family Court was then required to determine what custodial arrangement would promote the best interests of the children (see Matter of Melody M. v Robert M., 103 AD3d 932, 933 [2013]; Williams v Williams, 78 AD3d 1256, 1257 [2010]).
discussed Cited as authority (rule) Fiacco v. Fiacco (2×)
N.Y. App. Div. · 2012 · confidence medium
The parties’ testimony and documentary evidence, consisting of approximately 600 e-mails between them, demonstrate their animosity toward one another and that they cannot cooperate to reach decisions regarding the children, rendering joint custody inappropriate (see Williams v Williams, 78 AD3d 1256, 1258 [2010]).
discussed Cited as authority (rule) Hughes v. Gallup-Hughes
N.Y. App. Div. · 2011 · confidence medium
We accord great deference to the factual findings of Supreme Court in view of its advantageous position to evaluate the testimony and assess the credibility of witnesses (see Matter of Rundall v Rundall, 86 AD3d at 701 ; Williams v Williams, 78 AD3d 1256, 1257 [2010]).
discussed Cited as authority (rule) Melissa WW. v. Conley XX.
N.Y. App. Div. · 2011 · confidence medium
In rendering an initial custody determination, Supreme Court was required to take into consideration a number of 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 (see Matter of Rundall v Rundall, 86 AD3d 700, 701 [2011]; Matter of Baker v Baker, 82 AD3d 1462, 1462 [2011]; Williams v Williams, 78 AD3d 1256, 1257 [2010]).
discussed Cited as authority (rule) Farina v. Farina
N.Y. App. Div. · 2011 · confidence medium
Here, the evidence of the parties’ animosity toward each other, along with their inability to cooperate or communicate, amply supports Supreme Court’s conclusion that joint custody is not feasible (see Williams v Williams, 78 AD3d 1256, 1258 [2010]; Matter of Clupper v Clupper, 56 AD3d 1064 , 1065 [2008]; Matter of Kilmartin v Kilmartin, 44 AD3d at 1101 ).
Retrieving the full opinion text from the archive…
Anthony M. Williams
v.
Natasha R. Williams
Appellate Division of the Supreme Court of the State of New York.
Nov 4, 2010.
78 A.D.3d 1256
Stein.
Cited by 13 opinions  |  Published
Stein, J.

Appeal from an order of the Supreme Court (Tait, J.), entered February 20, 2009 in Broome County, which awarded custody of the parties’ children to plaintiff.

Plaintiff (hereinafter the father) and defendant (hereinafter the mother) were married in 2000 and are the parents of a daughter (born in 1999) and a son (born in 2002). In July 2004, the mother took the children from the marital residence in Chenango County and relocated to the New York City area without informing the father as to their exact whereabouts. Proceedings ensued which resulted in, among other things, the father being awarded temporary custody by Family Court (Burns, J.). Although Family Court’s order was subsequently re[*1257] versed by this Court and remitted for a new hearing (Matter of Williams v Williams, 35 AD3d 1098 [2006]), the father was again awarded temporary custody by Supreme Court (Tait, J.) after the father commenced this action for divorce, and the remitted Family Court proceedings were transferred to Supreme Court. In June 2008, after conducting a fact-finding hearing and a Lincoln hearing, Supreme Court awarded the father sole custody. The mother now appeals and we affirm.

The mother argues that Supreme Court failed to ascribe proper weight to her allegations of domestic violence and that the award of custody did not have a sound and substantial basis in the record. We disagree. “In determining the best interests of the children], [the court] was required to consider various factors, including how the decision would impact on the children]’s stability, the home environment of both parents, ‘each parent’s willingness to foster a relationship with the other parent, and their past performance and ability to provide for the [children’s] overall well-being’ ” (Matter of Wentland v Rousseau, 59 AD3d 821, 822 [2009], quoting Matter of Clupper v Clupper, 56 AD3d 1064, 1065-1066 [2008]; see Matter of Smith v Miller, 4 AD3d 697, 698 [2004]). The court must also consider the effect of domestic violence in determining the best interests of the children, but only when the allegations of domestic violence are proven by a preponderance of the evidence (see Domestic Relations Law § 240 [1] [a]; Matter of Melissa K. v Brian K., 72 AD3d 1129, 1131 [2010]). We accord great deference to the trial court’s custody determination, “[r]ecognizing the advantageous position of [Supreme] Court to evaluate the testimony and assess the credibility of witnesses, . . . provided that it is supported by a sound and substantial basis in the record” (Matter of Torkildsen v Torkildsen, 72 AD3d 1405, 1406 [2010]; see Matter of Marchand v Nazzaro, 68 AD3d 1216, 1217 [2009]; Matter of Wentland v Rousseau, 59 AD3d at 823; Matter of Diffin v Towne, 47 AD3d 988, 990 [2008], lv denied 10 NY3d 710 [2008]).

Here, the mother testified that the father mentally abused her and that he had shaken their daughter on one occasion. However, the mother never filed a police report or commenced a proceeding in Family Court against the father. The mother also testified that, at the father’s insistence, they both used corporal punishment to discipline the children. The father admitted to having used corporal punishment in the past but testified that, as the children grew older, he used it less and less as they responded effectively to communications regarding expectations and consequences. The mother’s allegations that the father was sexually abusing the daughter were determined to be unfounded[*1258] after examinations of both children. Supreme Court expressly gave no credit to these allegations and noted that the daughter’s school principal testified that the daughter recanted any allegations of physical abuse that she had made. In addition, the principal testified that he had no concerns that the children were being abused or mistreated. Upon our review of the record, and according deference to Supreme Court’s factual and credibility determinations, we find that the mother’s claims of domestic violence were not established by a preponderance of the evidence and, therefore, that Supreme Court properly declined to consider them in making its custody determination.

We also find that there is a sound and substantial basis in the record for Supreme Court’s custody award. 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]).

Here, the children have resided with the father since early 2006. The record indicates that the father is very involved in the children’s school, recreational, sporting and church activities and takes care of their daily needs. The father has completed parenting courses, provided counseling for the children and has addressed their medical and academic needs as necessary. On appeal, the mother concedes that the father has provided adequate care for the children for four years. The record also supports Supreme Court’s finding that the father is willing to foster the children’s relationship with their mother. For example, despite past difficulties in having the children returned to him after visits with the mother, he is willing to facilitate visitation — including agreeing to provide transportation one way — and to otherwise permit regular contact between the children and the mother. Although neither parent has steady employment, the father owns a home that he purchased with inheritance money that has the potential to be an income property. Overall, the record reveals that the children have attained a stable life and appear to be thriving in the father’s care.

In contrast, the mother lives with her ailing grandmother and the mother’s young son from another relationship in a neighborhood of questionable safety and depends on relatives for support. The mother has visited the children infrequently, allegedly due to the geographic distance between the parties and financial constraints, but has traveled by plane to Atlanta, Georgia to[*1259] visit with the father of her youngest son. While the mother also alleged that she is afraid to come to the Broome County area because of her fear of the father, she testified that the parties have always met at a public place and did not feel it necessary to meet at a police station. Furthermore, as previously indicated, the mother’s allegations of domestic violence and other abuse were discredited.

Upon our review of the record as a whole, we conclude that, while neither parent is without his and her respective strengths and weaknesses, Supreme Court properly weighed the factors relevant to determining which custodial arrangement was in the best interests of the children and we discern no reason to disturb its decision and order.

Cardona, P.J., Peters, Rose and Malone Jr., JJ., concur. Ordered that the order is affirmed, without costs.