Gordon v. Richards, 103 A.D.3d 929 (N.Y. App. Div. 2013). · Go Syfert
Gordon v. Richards, 103 A.D.3d 929 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Colleen FF. v. Robert FF. (nyappdiv, 2019-11-27)
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Colleen FF. v. Robert FF.
N.Y. App. Div. · 2019 · confidence medium
Viewing the record in its entirety, including the testimony from the Lincoln hearing, and deferring to the court's findings, we are unpersuaded by the contention by the mother and the attorney for the children that the court's determination giving the father primary physical custody lacks a sound and substantial basis in the record ( see Matter of Daniel TT. v Diana TT. , 127 AD3d 1514, 1516 [2015]; Matter of Gordon v Richards , 103 AD3d 929, 930-931 [2013]; Matter of Torkildsen v Torkildsen , 72 AD3d 1405, 1407 [2010]; Matter of Putnam v Satriano , 18 AD3d 921, 922 [2005]).
discussed Cited as authority (rule) Matter of Lorimer v. Lorimer
N.Y. App. Div. · 2018 · confidence medium
In view of the foregoing, Family Court's determination of awarding joint legal custody of the children to the parties, with the mother having primary physical custody, is supported by a sound and substantial basis in the record ( see Matter of Basden v Faison , 141 AD3d at 911-912 ; Matter of Gordon v Richards , 103 AD3d 929, 930-931 [2013]; Matter of Torkildsen v Torkildsen , 72 AD3d 1405, 1407 [2010]).
discussed Cited as authority (rule) Matter of Manell v. Manell
N.Y. App. Div. · 2017 · confidence medium
Family Court’s order acknowledged the child’s history of outdoor activities with the father, while also recognizing a need to “ensure that the mother’s relationship with the child will be promoted and preserved.” Under these circumstances, we find the award of primary weekday custody to the mother with substantial weekend parenting time to the father to be supported by a sound and substantial basis in the record, and we will not disturb it (see Matter of Lawton v Lawton, 136 AD3d at 1169 ; Matter of Holland v Klingbeil, 118 AD3d 1077, 1079 [2014]; Matter of Gordon v Richards, 103 AD3…
discussed Cited as authority (rule) Matter of Gentile v. Warner
N.Y. App. Div. · 2016 · confidence medium
Considering all of the circumstances and giving due deference to Family Court’s findings, we conclude that Family Court’s determination of placing primary physical custody of the child with the mother was supported by a sound and substantial basis (see Matter of Dench-Layton v Dench-Layton, 123 AD3d 1350, 1352 [2014]; Matter of Gordon v Richards, 103 AD3d 929, 930-931 [2013]; Matter of Christina MM. v George MM., 103 AD3d 935, 937 [2013]).
discussed Cited as authority (rule) MatterofAlleynevCochran
N.Y. App. Div. · 2014 · confidence medium
Considering the foregoing, Family Court's award of primary physical custody to the father has a sound and substantial basis in the record and we decline to disturb it (see Matter of McLaughlin v Phillips, 110 AD3d 1184, 1186 [2013]; Matter of Gordon v Richards, 103 AD3d 929, 930-931 [2013]; Matter of Christina MM. v George MM., 103 AD3d 935, 937 [2013]).
discussed Cited as authority (rule) Alleyne v. Cochran
N.Y. App. Div. · 2014 · confidence medium
Considering the foregoing, Family Court’s award of primary physical custody to the father has a sound and substantial basis in the record and we decline to disturb it (see Matter of McLaughlin v Phillips, 110 AD3d 1184, 1186 [2013]; Matter of Gordon v Richards,. 103 AD3d 929, 930-931 [2013]; Matter of Christina MM. v George MM., 103 AD3d 935, 937 [2013]).
discussed Cited as authority (rule) Alleyne v. Cochran
N.Y. App. Div. · 2014 · confidence medium
Considering the foregoing, Family Court’s award of primary physical custody to the father has a sound and substantial basis in the record and we decline to disturb it (see Matter of McLaughlin v Phillips, 110 AD3d 1184, 1186 [2013]; Matter of Gordon v Richards,. 103 AD3d 929, 930-931 [2013]; Matter of Christina MM. v George MM., 103 AD3d 935, 937 [2013]).
discussed Cited as authority (rule) Perry v. Surplus
N.Y. App. Div. · 2013 · confidence medium
On the merits, we find that Family Court did not improvidently award custody to the father based upon the evidence then before the court which, at that time, supported the conclusion that it was in the child’s best interests to be placed in the supervised custody of the father (see Matter of Gordon v Richards, 103 AD3d 929, 930 [2013]; Matter of Edward V. v Crystal W., 45 AD3d 1213 , 1215 [2007], lv denied 10 NY3d 703 [2008]).
discussed Cited as authority (rule) Perry v. Surplus
N.Y. App. Div. · 2013 · confidence medium
On the merits, we find that Family Court did not improvidently award custody to the father based upon the evidence then before the court which, at that time, supported the conclusion that it was in the child’s best interests to be placed in the supervised custody of the father (see Matter of Gordon v Richards, 103 AD3d 929, 930 [2013]; Matter of Edward V. v Crystal W., 45 AD3d 1213 , 1215 [2007], lv denied 10 NY3d 703 [2008]).
discussed Cited as authority (rule) Adams v. Morris
N.Y. App. Div. · 2013 · confidence medium
In making an initial custody determination, the primary focus is the child’s best interests (see Matter of Gordon v Richards, 103 AD3d 929, 930 [2013]; Matter of Ames v Ames, 97 AD3d 914, 914 [2012], lv denied 20 NY3d 852 [2012]), taking into account, among other things, the parents’ past performance and relative fitness, their willingness to foster a positive relationship between the child and the other parent, as well as their ability to maintain a stable home environment and provide for the child’s overall well-being (see Matter of Joseph G. v Winifred G., 104 AD3d 1067, 1068 [2013], …
discussed Cited as authority (rule) Adams v. Morris
N.Y. App. Div. · 2013 · confidence medium
In making an initial custody determination, the primary focus is the child’s best interests (see Matter of Gordon v Richards, 103 AD3d 929, 930 [2013]; Matter of Ames v Ames, 97 AD3d 914, 914 [2012], lv denied 20 NY3d 852 [2012]), taking into account, among other things, the parents’ past performance and relative fitness, their willingness to foster a positive relationship between the child and the other parent, as well as their ability to maintain a stable home environment and provide for the child’s overall well-being (see Matter of Joseph G. v Winifred G., 104 AD3d 1067, 1068 [2013], …
discussed Cited as authority (rule) McLaughlin v. Phillips
N.Y. App. Div. · 2013 · confidence medium
The best interests of the child is the overriding concern in any custody dispute (see Matter of Gordon v Richards, 103 AD3d 929, 930 [2013]; Matter of Ames v Ames, 97 AD3d 914, 914 [2012], lv denied 20 NY3d 852 [2012]).
discussed Cited as authority (rule) McLaughlin v. Phillips
N.Y. App. Div. · 2013 · confidence medium
The best interests of the child is the overriding concern in any custody dispute (see Matter of Gordon v Richards, 103 AD3d 929, 930 [2013]; Matter of Ames v Ames, 97 AD3d 914, 914 [2012], lv denied 20 NY3d 852 [2012]).
discussed Cited as authority (rule) Deyo v. Bagnato
N.Y. App. Div. · 2013 · confidence medium
Thus, inasmuch as Family Court’s order denying the mother’s petition for primary physical custody was supported by a sound and substantial basis in the record, we will not disturb it (see Matter of Gordon v Richards, 103 AD3d 929, 930-931 [2013]).
discussed Cited as authority (rule) Deyo v. Bagnato
N.Y. App. Div. · 2013 · confidence medium
Thus, inasmuch as Family Court’s order denying the mother’s petition for primary physical custody was supported by a sound and substantial basis in the record, we will not disturb it (see Matter of Gordon v Richards, 103 AD3d 929, 930-931 [2013]).
Retrieving the full opinion text from the archive…
In the Matter of Rozann D. Gordon
v.
Jason M. Richards
Appellate Division of the Supreme Court of the State of New York.
Feb 14, 2013.
103 A.D.3d 929
Stein.
Cited by 15 opinions  |  Published
Stein, J.

Appeal from an order of the Family Court of Broome County (Connerton, J.), entered April 25, 2011, which, among other things, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 6, for custody of the parties’ child.

Petitioner (hereinafter the mother) and respondent (hereinafter the father) are the parents of a daughter (born in 2008). In August 2010, the mother filed a petition seeking custody of the[*930] daughter.* Following a fact-finding hearing, Family Court awarded the parties joint legal custody, with primary physical custody to the mother and specified parenting time to the father. The father now appeals, arguing that Family Court should have awarded him primary physical custody of the child.

We affirm. The paramount concern in any custody determination is the child’s best interests (see Matter of King v Barnes, 100 AD3d 1209, 1210 [2012]; Hughes v Gallup-Hughes, 90 AD3d 1087, 1089 [2011]; Matter of Lynch v Gillogly, 82 AD3d 1529, 1530 [2011]). An initial custody determination requires consideration of, among other things, the parents’ ability to provide a stable home environment and provide for the child’s overall well-being (see Matter of Bambrick v Hillard, 97 AD3d 921, 921-922 [2012]; Matter of Raynore v Raynore, 92 AD3d 1167, 1168 [2012]; Matter of Rundall v Rundall, 86 AD3d 700, 701 [2011]).

In resolving the instant custody dispute, Family Court noted that the mother was “not perfect,” citing various deficiencies including, among other things, her admission that she occasionally smoked marihuana with her boyfriend and the fact that she had another child from a previous relationship of whom she did not have custody. However, on balance, the court found that the mother was better suited to have primary physical custody. Family Court’s conclusion that it was in the child’s best interests to primarily reside with the mother was based, in large part, on its finding that the mother has been the primary caretaker for most of the child’s life and is best able to provide stability for the child. In this regard, the mother was sharing a home with her boyfriend, his mother—a licensed practical nurse—and his mother’s friend, all of whom assisted the mother in caring for the child. While the mother was not working, she was receiving public assistance and food stamps, as well as financial assistance from her boyfriend, who was employed.

Family Court noted that the lifestyle of the father—who was also unemployed—was “more chaotic” than the mother’s lifestyle. The court also expressed concern regarding the father’s criminal history—including two periods of incarceration—and evidence of his regular drug use, as well as a history of selling illegal drugs and of violence toward others. In addition, the mother claimed that the father had threatened her, and these allegations were, to some extent, verified by the father. According appropriate deference to Family Court’s credibility assess-[*931] 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]).

Peters, P.J., Garry and Egan Jr., JJ., concur. Ordered that the order is affirmed, without costs.

The father filed a cross petition for custody, which was dismissed without prejudice when the father failed to appear on the initial court date regarding such petition.