Joshua UU. v. Martha VV., 118 A.D.3d 1051 (N.Y. App. Div. 2014). · Go Syfert
Joshua UU. v. Martha VV., 118 A.D.3d 1051 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Holly P. v. George Q.
N.Y. App. Div. · 2025 · confidence medium
Finally, contrary to the father's conclusion, "we are satisfied that the record sufficiently reflects that [the father] waived [his] statutory right to counsel knowingly, intelligently and voluntarily" ( Matter of Joshua UU. v Martha VV. , 118 AD3d 1051, 1054 [3d Dept 2014]; see Matter of Kevin McK. v Elizabeth A.E. , 151 AD3d 600, 601 [1st Dept 2017], appeal dismissed 30 NY3d 1028 [2017], lv dismissed & denied 32 NY3d 944 [2018]).
discussed Cited as authority (rule) Matter of John EE. v. Jalyssa GG.
N.Y. App. Div. · 2023 · confidence medium
Moreover, contrary to the mother's contention, Family Court did not err in taking a negative inference against her for her failure to appear and offer any proof at the continuation of the hearing, nor does this constitute bias or prejudice against the mother ( see Matter of Amanda I. v Michael I. , 185 AD3d 1252, 1255 [3d Dept 2020]; Matter of Cameron ZZ. v Ashton B. , 183 AD3d 1076, 1080-1081 [3d Dept 2020], lv denied 35 NY3d 913 [2020]; Matter of Joshua UU. v Martha VV. , 118 AD3d 1051, 1054 [3d Dept 2014]).
discussed Cited as authority (rule) Matter of John EE. v. Jalyssa GG.
N.Y. App. Div. · 2023 · confidence medium
Moreover, contrary to the mother's contention, Family Court did not err in taking a negative inference against her for her failure to appear and offer any proof at the continuation of the hearing, nor does this constitute bias or prejudice against the mother ( see Matter of Amanda I. v Michael I. , 185 AD3d 1252, 1255 [3d Dept 2020]; Matter of Cameron ZZ. v Ashton B. , 183 AD3d 1076, 1080-1081 [3d Dept 2020], lv denied 35 NY3d 913 [2020]; Matter of Joshua UU. v Martha VV. , 118 AD3d 1051, 1054 [3d Dept 2014]).
discussed Cited as authority (rule) Matter of Kevin McK. v. Elizabeth A.E.
N.Y. App. Div. · 2017 · confidence medium
Family Court properly found that the father had waived any right to counsel, given that he voluntarily proceeded pro se throughout these ongoing custody/visitation proceedings (see generally Matter of Joshua UU. v Martha VV., 118 AD3d 1051, 1053 [3d Dept 2014]).
discussed Cited as authority (rule) Matter of Hoyt v. Davis
N.Y. App. Div. · 2016 · confidence medium
Upon consideration of the record as a whole, and after according deference to Family Court’s factual findings and credibility determinations (see Matter of Holleran v Faucett, 143 AD3d 1205, 1206 [2016]), we discern no basis upon which to disturb Family Court’s decision to decrease and supervise the mother’s parenting time (see Matter of Vanita UU. v Mahender VV., 130 AD3d 1161, 1165 [2015], lv dismissed and denied 26 NY3d 998 [2015]; Matter of Joshua UU. v Martha VV., 118 AD3d 1051, 1052-1053 [2014]).
discussed Cited as authority (rule) Matter of Rutland v. O'Brien
N.Y. App. Div. · 2016 · confidence medium
Particularly relevant here is each parent’s past performance and willingness to foster a healthy relationship between the child and the other parent (see Matter of Joshua UU. v Martha VV., 118 AD3d 1051, 1052 [2014]).
discussed Cited as authority (rule) Matter of Blagg v. Downey
N.Y. App. Div. · 2015 · confidence medium
We will not disturb the trial court’s determination in this regard, unless it lacks a sound and substantial basis in the record (see Matter of Joshua UU. v Martha VV., 118 AD3d 1051, 1052 [2014]; Matter of Claflin v Giamporcaro, 75 AD3d 778, 780 [2010], lv denied 15 NY3d 710 [2010]).
discussed Cited as authority (rule) Matter of Vanita UU. v. Mahender VV.
N.Y. App. Div. · 2015 · confidence medium
In resolving that inquiry, a court must consider a number of factors, including each “parent[’s] 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 Lawrence v Kowatch, 119 AD3d 1004, 1005 [2014] [internal quotation marks and citations omitted]; see Matter of Bailey v Blair, 127 AD3d at 1275-1276 ; Matter of Joshua UU. v Martha *1164 VV., 118 AD3d 1051, 1052 [2014]).
discussed Cited as authority (rule) Matter of Patrick EE. v. Brenda DD.
N.Y. App. Div. · 2015 · confidence medium
Relevant factors in determining the propriety of a custody modification include “‘maintaining stability for the child [ren], the respective home environments, length of the current custody arrangement, each parent’s relative fitness and past parenting performance, and willingness to foster a healthy relationship with the other parent’ ” (Matter of Chris X. v Jeanette Y., 124 AD3d at 1014 , quoting Matter of Joshua UU. v Martha VV., 118 AD3d 1051, 1052 [2014]).
cited Cited as authority (rule) Matter of Lodge v. Lodge
N.Y. App. Div. · 2015 · confidence medium
Again, Family Court’s determinations in this regard are entitled to deference (see Matter of Joshua UU. v Martha VV., 118 AD3d 1051, 1052 [2014]).
discussed Cited as authority (rule) Matter of Kent v. Ordway
N.Y. App. Div. · 2015 · confidence medium
As the court’s modification of the custodial arrangement has a sound and substantial evidentiary basis and is in the best interests of the child, we see no reason to make any alteration to its order (see Matter of Joseph WW. v Michelle WW., 118 AD3d 1054, 1057 [2014]; Matter of Joshua UU. v Martha VV., 118 AD3d 1051, 1052 [2014]; Matter of Virginia C. v Donald C., 114 AD3d at 1036 ).
discussed Cited as authority (rule) Chris X. v. Jeanette Y.
N.Y. App. Div. · 2015 · confidence medium
In determining whether a modification will serve the children’s best interests, relevant factors to consider “include, among others, maintaining stability for the child[ren], the respective home environments, length of the current custody arrangement, each parent’s relative fitness and past parenting performance, and willingness to foster a healthy relationship with the other parent” (Matter of Joshua UU. v Martha VV., 118 AD3d 1051, 1052 [2014]).
discussed Cited as authority (rule) Chris X. v. Jeanette Y.
N.Y. App. Div. · 2015 · confidence medium
In determining whether a modification will serve the children’s best interests, relevant factors to consider “include, among others, maintaining stability for the child[ren], the respective home environments, length of the current custody arrangement, each parent’s relative fitness and past parenting performance, and willingness to foster a healthy relationship with the other parent” (Matter of Joshua UU. v Martha VV., 118 AD3d 1051, 1052 [2014]).
discussed Cited "see" Matter of Christopher Y. v. Sheila Z.
N.Y. App. Div. · 2019 · signal: see · confidence high
The father first argues that he was deprived of his right to counsel during the fact-finding hearing. "[A] party is entitled to self-representation once the court determines that the decision to do so is knowingly, intelligently and voluntarily made" and, although that determination is usually made following a colloquy, "it may also be made upon an examination of all the potential relevant circumstances" ( Matter of Bombard v Bombard , 254 AD2d 529, 529-530 [1998], lv denied 93 NY2d 804 [1999]; see Matter of Joshua UU. v Martha VV. , 118 AD3d 1051, 1053 [2014]).
discussed Cited "see" Matter of Barrows v. Sherwood
N.Y. App. Div. · 2016 · signal: see · confidence high
In reviewing Family Court’s order, “[w]e accord great deference to [its] factual findings and credibility determinations given its superior position to observe and assess the witnesses’ testimony and demeanor firsthand, and will not disturb its custodial determination if supported by a sound and substantial basis in the record” (Matter of Daniel TT. v Diana TT., 127 AD3d 1514, 1515 [2015]; see *1197 Matter of Joshua UU. v Martha VV., 118 AD3d 1051, 1052 [2014]).
Retrieving the full opinion text from the archive…
In the Matter of Joshua UU.
v.
Martha VV., (And Six Other Related Proceedings.)
Appellate Division of the Supreme Court of the State of New York.
Jun 5, 2014.
118 A.D.3d 1051
Garry, Lahtinen, Peters, Rose.
Cited by 15 opinions  |  Published
Lahtinen, J.

Appeal from a modified order of the Family Court of St. Lawrence County (Morris, J.), entered May 17, 2012, 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, unmarried parents of a daughter born in 2007, have been involved in extensive litigation in Family Court regarding the child. In March 2010, they stipulated to an order that modified a July 2009 order and provided for joint legal custody, with primary physical custody to petitioner (hereinafter the father), and respondent (hereinafter the mother) having parenting time each weekend as well as parts of certain holidays. In February 2011, the mother unilaterally refused to return the child to the father contending that the paternal grandfather had inappropriately touched the child. A series of proceedings[*1052] ensued,[1] including, among others, both parties seeking modification of the March 2010 order. After lengthy proceedings including a five day fact-finding hearing, Family Court modified the March 2010 order by, among other things, granting the father sole legal custody and providing the mother with two hours of supervised parenting time two times per week.[2] The mother appeals.

“[A]n existing custody order may be modified upon a showing that there has been a change in circumstances reflecting a real need for change so as to insure the continued best interests of the child[ ]” (Matter of Virginia C. v Donald C., 114 AD3d 1032, 1033 [2014]). Considerations in determining best interests include, among others, maintaining stability for the child, the respective home environments, length of the current custody arrangement, each parent’s relative fitness and past parenting performance, and willingness to foster a healthy relationship with the other parent (see Matter of Clouse v Clouse, 110 AD3d 1181, 1183 [2013], lv denied 22 NY3d 858 [2014]). We accord deference to Family Court’s findings of credibility, and generally will not disturb the court’s determination regarding the child’s best interests if supported by a sound and substantial basis in the record (see Matter of Virginia C. v Donald C., 114 AD3d at 1033).

Here, there was proof that the mother coached the child to make false allegations and she attempted to alienate the child from the father. The mother had been involved in domestic violence with her boyfriend, whom she thereafter continued living with and then married. The incident allegedly involved threats with a rifle, and police found a loaded rifle in the home. The mother had tested positive for use of marihuana during the time that the hearing was pending, and had been in the car when her boyfriend was arrested with 10 pounds of marihuana. The father and his companion had been cooperative with employees of the local social services agency whereas the mother and her companion were uncooperative. There was evidence that the child was doing well in the primary care of the father. Family Court found the father to be a credible witness, and further determined that the mother’s testimony was often incon[*1053] sistent and lacked credibility; indeed, the mother acknowledged giving inaccurate information to police.

In light of, among other things, the animosity and inability to cooperate exhibited by the parties, there was ample evidence of a change in circumstances. Moreover, there is a sound and substantial basis in the record that Family Court’s custody determination was in the best interests of the child and not, as asserted by the mother, the result of Family Court punishing her. The mother’s further contention that the attorney for the child failed to correctly inform Family Court of the child’s desires is unavailing. The attorney for the child indicated that the child did not want to take a position and, given the child’s young age (turning four years old during the proceedings), Family Court did not abuse its discretion by not conducting a Lincoln hearing (see Matter of Carolyn S. v Tompkins County Dept. of Social Servs., 80 AD3d 1087, 1091 [2011]; cf. Matter of Jessica B. v Robert B., 104 AD3d 1077, 1078 [2013]).

We consider next the mother’s argument that she was not sufficiently warned of the risks of proceeding without an attorney. “[A] party is entitled to self-representation once the court determines that the decision to do so is knowingly, intelligently and voluntarily made. Although it is preferable that the court’s determination be made following an appropriate colloquy with the party on the record, it may also be made upon an examination of all the potential relevant circumstances” (Matter of Bombard v Bombard, 254 AD2d 529, 529-530 [1998], lv denied 93 NY2d 804 [1999] [citations omitted]; see Matter of Adams v Bracci, 61 AD3d 1065, 1066 [2009], lv denied 12 NY3d 712 [2009]). Here, at the initial court appearance on April 8, 2011, the mother was represented by an attorney, whom she states was assigned. By the next court date, July 15, 2011, she had terminated the services of the assigned attorney and appeared with a substituted retained attorney. At the next appearance, the father told the court that he was switching attorneys and, at the ensuing appearance on August 10, 2011, the mother informed the court that she wanted to terminate the services of her retained attorney. Her attorney was present and, after confirming that the mother had discussed such action with the attorney, the court permitted the attorney to withdraw.

Noting the multiple adjournments and delays that had occurred by such time, many caused by the switching of attorneys by both parties, the mother was admonished to obtain substitute counsel before the next court date. Over a month later, on September 14, 2011, the mother appeared and stated that she had not been able to retain a new attorney and was involved in[*1054] a dispute with her former retained attorney about fees. The court stated that it would grant yet another adjournment, but that a trial date would be set with no more adjournments permitted, and the court also reminded the mother that she could apply for assigned counsel.[3] The mother next appeared on November 30, 2011, stating that she was representing herself and that she was ready to proceed with the hearing. The mother had already appeared and prepared documents in many of the proceedings pertaining to the child without an attorney and, among other things, she had obtained subpoenas for several witnesses prior to the hearing. Under all the circumstances, we are satisfied that the record sufficiently reflects that the mother waived her statutory right to counsel knowingly, intelligently and voluntarily (see Matter of Tavianna CC. [Maceo CC.], 99 AD3d 1132, 1134-1135 [2012], lv denied 20 NY3d 856 [2013]; Matter of Loomis v Yu-Jen G., 81 AD3d 1083, 1084-1085 [2011]; Matter of Adams v Bracci, 61 AD3d at 1066; Matter of Pacheco v Stearns, 23 AD3d 711, 712 [2005]).[4]

Family Court did not abuse its discretion in drawing a negative inference from the mother’s failure to call her current husband, who had knowledge regarding conditions in their home and relevant conduct by him that had been portrayed in a negative light during the father’s case, and he was undisputedly available since he was present on some of the hearing days (see Matter of John HH. v Brandy GG., 52 AD3d 879, 880 [2008]). We have reviewed the mother’s remaining arguments and find no basis to set aside Family Court’s order modifying the prior custody order.

Peters, RJ., Garry and Rose, JJ., concur.

Ordered that the modified order is affirmed, without costs.

1

Family Court noted in its decision that 18 petitions had been filed since the most recent dispute had developed in February 2011.

2

The parties’ initial appearances were before a Judicial Hearing Officer, but the hearing eventually commenced before Judge Potter. However, during the hearing, which occurred between November 2011 and May 2012, Judge Potter retired and the parties did not object to Judge Morris listening to the recordings of the three prior days of testimony and then continuing the hearing.

3

The relevant proceedings to this point had been held in front of the Judicial Hearing Officer. However, the mother objected at the September 14, 2011 appearance to the Judicial Hearing Officer continuing to hear the matter and, accordingly, the next appearance was before Judge Potter.

4

We note that, unlike Matter of Hassig v Hassig (34 AD3d 1089 [2006]), a case upon which the mother relies, here the mother was represented by counsel when she first appeared in court (as well as at several ensuing appearances) and she was later allowed repeated adjournments to obtain new counsel, including an adjournment after she had been reminded of her right to assigned counsel if she could not afford counsel.