Barker v. Dutcher, 96 A.D.3d 1313 (N.Y. App. Div. 2012). · Go Syfert
Barker v. Dutcher, 96 A.D.3d 1313 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Shirreece AA. v. Matthew BB. (nyappdiv, 2021-06-03)
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Shirreece AA. v. Matthew BB.
N.Y. App. Div. · 2021 · confidence medium
Considering all the evidence and according due deference to Family Court's unique opportunity to make credibility determinations, we cannot say that the record lacks a sound and substantial basis to support the grant of primary physical custody to the father ( see Matter of Tina RR. v Dennis RR. , 143 AD3d at 1199 ; Matter of Barker v Dutcher , 96 AD3d 1313, 1314 [2012]).
discussed Cited as authority (rule) Herrera v. Pena-Herrera
N.Y. App. Div. · 2017 · confidence medium
In view of the foregoing and giving the requisite deference to Supreme Court’s assessment of the witnesses’s credibility, we find that a sound and substantial basis exists in the record to support Supreme Court’s custody determination (see Matter of Gentile v Warner, 140 AD3d at 1483 ; Matter of Barker v Dutcher, 96 AD3d 1313, 1314 [2012]). 2 Although Supreme Court’s judgment does not address the mother’s contention of parental alienation, inasmuch as our authority is as broad as Supreme Court in custody matters (see Dewitt v Sheiness, 42 AD3d 776, 777 [2007]), we disagree with the m…
discussed Cited as authority (rule) Matter of Finkle v. Scholl
N.Y. App. Div. · 2016 · confidence medium
Thus, we find a sound and substantial basis to support the court’s decision that an award of primary physical custody to the father is in the child’s best interests (see Matter of King v Chester, 123 AD3d 1352, 1355 [2014]; Matter of Adams v Morris, 111 AD3d 1069, 1070-1071 [2013]; Matter of Barker v Dutcher, 96 AD3d 1313, 1313-1314 [2012]).
discussed Cited as authority (rule) King v. Chester
N.Y. App. Div. · 2014 · confidence medium
Family Court found that the mother’s proposal to relocate the child to Saratoga County was a concern in that it would remove the child from the place where she has established friendships, bonds with her paternal grandparents, has become involved in activities with the father — including participation in an American Legion youth service program and a recreational soccer league — and cares for her horse and other pets (see Matter of Barker v Dutcher, 96 AD3d 1313, 1313-1314 [2012]).
discussed Cited as authority (rule) King v. Chester
N.Y. App. Div. · 2014 · confidence medium
Family Court found that the mother’s proposal to relocate the child to Saratoga County was a concern in that it would remove the child from the place where she has established friendships, bonds with her paternal grandparents, has become involved in activities with the father — including participation in an American Legion youth service program and a recreational soccer league — and cares for her horse and other pets (see Matter of Barker v Dutcher, 96 AD3d 1313, 1313-1314 [2012]).
discussed Cited as authority (rule) Adams v. Morris
N.Y. App. Div. · 2013 · confidence medium
Considering the record as a whole, and according appropriate deference to Family Court’s credibility assessments, we find a sound and substantial basis in the record supporting the award of custody to the father and we decline to disturb it (see Matter of Joseph G. v Winifred G., 104 AD3d at 1067 ; Matter of Bambrick v Hillard, 97 AD3d at 922; Matter of Barker v Dutcher, 96 AD3d 1313, 1313-1314 [2012]).
discussed Cited as authority (rule) Adams v. Morris
N.Y. App. Div. · 2013 · confidence medium
Considering the record as a whole, and according appropriate deference to Family Court’s credibility assessments, we find a sound and substantial basis in the record supporting the award of custody to the father and we decline to disturb it (see Matter of Joseph G. v Winifred G., 104 AD3d at 1067 ; Matter of Bambrick v Hillard, 97 AD3d at 922; Matter of Barker v Dutcher, 96 AD3d 1313, 1313-1314 [2012]).
discussed Cited as authority (rule) McLaughlin v. Phillips
N.Y. App. Div. · 2013 · confidence medium
In making this initial custody determination, Family Court was required to consider such factors as each parent’s relative fitness and past performance, ability to provide for the children’s well-being and furnish a stable home environment, and willingness to foster relationships with the other parent (see Matter of Barker v Dutcher, 96 AD3d 1313, 1313 [2012]; Matter of Lynch v Gillogly, 82 AD3d 1529, 1530 [2011]).
discussed Cited as authority (rule) McLaughlin v. Phillips
N.Y. App. Div. · 2013 · confidence medium
In making this initial custody determination, Family Court was required to consider such factors as each parent’s relative fitness and past performance, ability to provide for the children’s well-being and furnish a stable home environment, and willingness to foster relationships with the other parent (see Matter of Barker v Dutcher, 96 AD3d 1313, 1313 [2012]; Matter of Lynch v Gillogly, 82 AD3d 1529, 1530 [2011]).
discussed Cited as authority (rule) Gordon v. Richards
N.Y. App. Div. · 2013 · confidence medium
According appropriate deference to Family Court’s credibility assess- merits, we find a sound and substantial basis in the record to support the decision that joint custody, with primary physical custody to the mother, is in the child’s best interests (see Matter of Barker v Dutcher, 96 AD3d 1313, 1314 [2012]).
discussed Cited as authority (rule) Gordon v. Richards
N.Y. App. Div. · 2013 · confidence medium
According appropriate deference to Family Court’s credibility assess- merits, we find a sound and substantial basis in the record to support the decision that joint custody, with primary physical custody to the mother, is in the child’s best interests (see Matter of Barker v Dutcher, 96 AD3d 1313, 1314 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of Brandi Eva Mae Barker
v.
Dale D. Dutcher
Appellate Division of the Supreme Court of the State of New York.
Jun 28, 2012.
96 A.D.3d 1313
Rose.
Cited by 11 opinions  |  Published
Rose, J.

Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered May 18, 2011, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, for modification of a prior order of custody.

Petitioner (hereinafter the mother) and respondent (hereinafter the father) are the unmarried parents of a daughter (born in 2003). After the parties’ 11-year relationship dissolved, Family Court entered an order on consent providing for, among other things, joint custody of the child with the father having primary physical custody during the school year and parenting time with the mother. Days later, the mother petitioned for modification of the custody order. Following fact-finding and Lincoln hearings, Family Court treated the matter as an initial custody proceeding in light of the brevity of the parties’ agreement and awarded joint custody with physical custody to the father and parenting time to the mother. The mother now appeals.

The child’s best interests is the paramount concern in a custody determination (see Matter of Robinson v Davis, 58 AD3d 1041, 1042 [2009]), and an initial custody determination requires Family Court to consider such factors as “the parents’ ability to provide a stable home environment for the child, the child’s wishes, the parents’ past performance, relative fitness, ability to guide and provide for the child’s overall well-being, and the willingness of each parent to foster a relationship with the other parent” (Matter of Rundall v Rundall, 86 AD3d 700, 701 [2011]). In a comprehensive decision, Family Court considered all of the appropriate factors in determining that the father’s home provided more of the stability and continuity of[*1314] the life to which the child was accustomed. Although the condition of the father’s home is cluttered, unkempt and in need of some repair, the court noted that there was no credible evidence that the child was adversely affected — either medically, emotionally or socially — as a result of these living conditions. Notably, the residence was in the same unkept condition while the mother resided there for numerous years prior to the termination of the relationship. Moreover, the child has always lived in this house, which is part of a small working farm owned by her paternal grandmother, who also lives there and with whom she has a close relationship. The mother, on the other hand, is in a more urban location in another county, and an award of physical custody to the mother would require the child to leave her horse and other pets, enroll in a new school and adapt to a lifestyle different than the country life to which she is accustomed. Upon our review of the record, and giving deference to Family Court’s credibility determinations, we find a sound and substantial basis to support the decision that joint custody, with primary physical custody to the father, is in the child’s best interests (see Matter of Raynore v Raynore, 92 AD3d 1167, 1168 [2012]; Moor v Moor, 75 AD3d 675, 676-677 [2010]). Finally, the record belies the mother’s contention that the parties’ relationship is so acrimonious as to render an award of joint custody to be unworkable.

Mercure, J.P., Lahtinen, Stein and McCarthy, JJ., concur. Ordered that the order is affirmed, without costs.