Fish v. Fish, 100 A.D.3d 1049 (N.Y. App. Div. 2012). · Go Syfert
Fish v. Fish, 100 A.D.3d 1049 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 1 distinct court.
Strongest positive: Bradley D. v. Andrea D. (nyappdiv, 2016-11-23)
Top citers, strongest first. 12 distinct citers. How cited ↗
discussed Cited as authority (rule) Bradley D. v. Andrea D.
N.Y. App. Div. · 2016 · confidence medium
Thus, after reviewing the record, including the Lincoln hearing, and according deference to Family Court’s credibility determinations and factual findings (see Matter of Andrew L. v Michelle M., 140 AD3d 1240, 1241 [2016]), we find that the award of physical custody to the father is supported by a sound and substantial basis in the record (see Matter of Colleen GG. v Richard HH., 135 AD3d 1005, 1008-1009 [2016]; Matter of Fish v Fish, 100 AD3d 1049, 1050 [2012]).
discussed Cited as authority (rule) Bradley D. v. Andrea D.
N.Y. App. Div. · 2016 · confidence medium
Thus, after reviewing the record, including the Lincoln hearing, and according deference to Family Court’s credibility determinations and factual findings (see Matter of Andrew L. v Michelle M., 140 AD3d 1240, 1241 [2016]), we find that the award of physical custody to the father is supported by a sound and substantial basis in the record (see Matter of Colleen GG. v Richard HH., 135 AD3d 1005, 1008-1009 [2016]; Matter of Fish v Fish, 100 AD3d 1049, 1050 [2012]).
discussed Cited as authority (rule) Matter of Hrostowski v. Micha
N.Y. App. Div. · 2015 · confidence medium
Focusing on the relevant proof, we find that the parties’ disregard of the stipulated custody arrangement, together with the evidence of the mother’s alcohol abuse and alcohol-related arrests following the issuance of such order, was “sufficient to constitute a change in circumstances requiring a review of the existing custody arrangement in order to determine whether it continued to be in the child’s best interests” (Matter of Martin v Mills, 94 AD3d 1364, 1366 [2012]; see Matter of Chris X. v Jeanette Y., 124 AD3d 1013, 1014 [2015]; Matter of Lawrence v Kowatch, 119 AD3d 1004, 1005…
discussed Cited as authority (rule) Clark v. Hart
N.Y. App. Div. · 2014 · confidence medium
Considering the totality of the evidence and deferring to Family Court’s credibility assessments, the court’s decision is supported by a sound and substantial basis in the record (see Matter of Sonley v Sonley, 115 AD3d at 1072-1073 ; Matter of Fish v Fish, 100 AD3d 1049, 1050 [2012]; see also Matter of Keen v Stephens, 114 AD3d 1029, 1030-1031 [2014]).
discussed Cited as authority (rule) MatterofClarkvHart
N.Y. App. Div. · 2014 · confidence medium
Considering the totality of the evidence and deferring to Family Court's credibility assessments, the court's decision is supported by a sound and substantial basis in the record (see Matter of Sonley v Sonley, 115 AD3d at 1072-1073 ; Matter of Fish v Fish, 100 AD3d 1049, 1050 [2012]; see also Matter of Keen v Stephens, 114 AD3d 1029, 1030-1031 [2014]).
discussed Cited as authority (rule) Clark v. Hart
N.Y. App. Div. · 2014 · confidence medium
Considering the totality of the evidence and deferring to Family Court’s credibility assessments, the court’s decision is supported by a sound and substantial basis in the record (see Matter of Sonley v Sonley, 115 AD3d at 1072-1073 ; Matter of Fish v Fish, 100 AD3d 1049, 1050 [2012]; see also Matter of Keen v Stephens, 114 AD3d 1029, 1030-1031 [2014]).
discussed Cited as authority (rule) LaRussa v. Williams
N.Y. App. Div. · 2014 · confidence medium
Considering the record as a whole, and according deference to Family Court’s credibility assessments (see Matter of Breitenstein v Stone, 112 AD3d at 1158 ), we find a sound and substantial basis in the record for that court’s determination that the best interests of the child are served by an award of sole legal custody to the mother (see Matter of Melody M. v Robert M., 103 AD3d at 933 ; Matter of Fish v Fish, 100 AD3d 1049, 1050 [2012]) with supervised visitation to the father (see Matter of Burrell v Burrell, 101 AD3d 1193, 1194 [2012]; Matter of Knight v Knight, 92 AD3d 1090, 1092-109…
discussed Cited as authority (rule) LaRussa v. Williams
N.Y. App. Div. · 2014 · confidence medium
Considering the record as a whole, and according deference to Family Court’s credibility assessments (see Matter of Breitenstein v Stone, 112 AD3d at 1158 ), we find a sound and substantial basis in the record for that court’s determination that the best interests of the child are served by an award of sole legal custody to the mother (see Matter of Melody M. v Robert M., 103 AD3d at 933 ; Matter of Fish v Fish, 100 AD3d 1049, 1050 [2012]) with supervised visitation to the father (see Matter of Burrell v Burrell, 101 AD3d 1193, 1194 [2012]; Matter of Knight v Knight, 92 AD3d 1090, 1092-109…
discussed Cited as authority (rule) Tod ZZ. v. Paula ZZ.
N.Y. App. Div. · 2014 · confidence medium
Under these circumstances, and in light of the fact that the father provides a stable home environment and has demonstrated that he is capable of providing for the children’s needs, we find a sound and substantial basis for Family Court awarding custody of the children to him (see Matter of Bush v Bush, 104 AD3d 1069, 1072 [2013]; Matter of Fish v Fish, 100 AD3d 1049, 1049-1050 [2012]).
discussed Cited as authority (rule) Tod ZZ. v. Paula ZZ.
N.Y. App. Div. · 2014 · confidence medium
Under these circumstances, and in light of the fact that the father provides a stable home environment and has demonstrated that he is capable of providing for the children’s needs, we find a sound and substantial basis for Family Court awarding custody of the children to him (see Matter of Bush v Bush, 104 AD3d 1069, 1072 [2013]; Matter of Fish v Fish, 100 AD3d 1049, 1049-1050 [2012]).
discussed Cited "see" Kiernan v. Kiernan
N.Y. App. Div. · 2014 · signal: see · confidence high
Here, although the father admittedly was aware of the mother’s issues with alcohol at the time that he agreed to share custody with her, evidence of the mother’s continuing and escalating problems in this regard, coupled with her subsequent alcohol-related arrests and the indicated child protective services reports, “was sufficient to constitute a change in circumstances requiring a review of the existing custody arrangement in order to determine whether [such arrangement] continued to be in the child’s best interests” (Matter of Martin v Mills, 94 AD3d 1364, 1366 [2012]; see Matter …
discussed Cited "see" Kiernan v. Kiernan
N.Y. App. Div. · 2014 · signal: see · confidence high
Here, although the father admittedly was aware of the mother’s issues with alcohol at the time that he agreed to share custody with her, evidence of the mother’s continuing and escalating problems in this regard, coupled with her subsequent alcohol-related arrests and the indicated child protective services reports, “was sufficient to constitute a change in circumstances requiring a review of the existing custody arrangement in order to determine whether [such arrangement] continued to be in the child’s best interests” (Matter of Martin v Mills, 94 AD3d 1364, 1366 [2012]; see Matter …
Retrieving the full opinion text from the archive…
In the Matter of Charles Fish
v.
Shelby S. Fish
Appellate Division of the Supreme Court of the State of New York.
Nov 1, 2012.
100 A.D.3d 1049
Spain.
Cited by 14 opinions  |  Published
Spain, J.

Appeal from an order of the Family Court of Broome County (Pines, J.), entered May 3, 2011, 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.

The parties are the parents of two sons (born in 1998 and 2005) who, pursuant to a custody order, were in the physical custody of respondent (hereinafter the mother). Petitioner (hereinafter the father) first sought a modification of the visitation provisions in that order and, after the mother engaged in erratic and violent behavior, custody of the children. Family Court granted temporary custody to the father, with the mother entitled to supervised visitation. Following a hearing on the modification petitions, Family Court made that arrangement permanent, and the mother now appeals.

Inasmuch as a sound and substantial basis in the record supports Family Court’s determination, we affirm. Initially, Family Court failed to expressly find in its decision that circumstances had changed enough to warrant revisiting the existing custody arrangement but, “upon our independent review authority, we[*1050] find that the court’s extensive factual findings are fully supported by the record and provide an ample basis for concluding that such a change in circumstances was proven here” (Matter of Troy SS. v Judy UU., 69 AD3d 1128, 1130 [2010], lv dismissed and denied 14 NY3d 912 [2010]; see Matter of John P.R. v Tracy A.R., 13 AD3d 1125, 1125 [2004]). Specifically, police became involved in a public dispute between the inebriated mother and her paramour in September 2010 and cited her for disorderly conduct. The mother continued to drink and, when police and a caseworker returned two hours later to check on the welfare of the children, she was incoherent, refused to allow them into her residence and struck one of them, resulting in her being charged with harassment and detained for a mental health evaluation. The caseworker thereafter learned that the mother often drank heavily around the children and, in fact, had recently driven drunk with them in her vehicle. The oldest son also reported that he had taken refuge with a neighbor during the mother’s most recent drinking binge, and that she had tackled and injured him when he briefly returned home.

According great deference to Family Court’s assessment of credibility (see Matter of Coley v Sylva, 95 AD3d 1461, 1462 [2012]), the foregoing evidence amply demonstrated a sufficient change in circumstances (see Matter of John P.R. v Tracy A.R., 13 AD3d at 1125; see also Matter of Martin v Mills, 94 AD3d 1364, 1365-1366 [2012]; Matter of Opalka v Skinner, 81 AD3d 1005, 1005-1006 [2011]). When coupled with the lack of proof that the mother has adequately addressed her alcohol problem, as well as the stable environment provided for the children by the father, that evidence further supported Family Court’s determination that the best interests of the children lie in an order of custody to the father and supervised visitation to the mother (see Matter of Troy SS. v Judy UU, 69 AD3d at 1130-1133; Matter of Kelley v VanDee, 61 AD3d 1281, 1283 [2009]).

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