West v. Vanderhorst
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*616The Referee’s determination, that it was in the child’s best interests to modify the parties’ joint custody agreement and award respondent sole legal and physical custody, has a sound and substantial basis in the record (Eschbach v Eschbach, 56 NY2d 167, 171 [1982]). Indeed, the record shows that, following entry of the parties’ judgment of divorce, which incorporated their stipulation providing for joint custody, there was a complete breakdown in communication between the parties and an incident of domestic violence in the child’s presence, thereby rendering joint custody infeasible (see…
2Cases cited4 opinions
- Eschbach v. EschbachNew York Court of Appeals · 1982
- Trapp v. TrappAppellate Division of the Supreme Court of the State of New York · 1988
- Gregory L.B. v. Magdelena G.Appellate Division of the Supreme Court of the State of New York · 2009
- Lionel E. v. Shaquana R.B.Appellate Division of the Supreme Court of the State of New York · 2010
3Cited by1 opinion
- Matter of Christina T. v. Thomas C.T.Appellate Division of the Supreme Court of the State of New York · 2019