Legal Opinion

West v. Vanderhorst

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 2012PublishedCited by 1 opinion

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

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Trapp v. TrappAppellate Division of the Supreme Court of the State of New York · 1988
  3. Gregory L.B. v. Magdelena G.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Lionel E. v. Shaquana R.B.Appellate Division of the Supreme Court of the State of New York · 2010

3Cited by1 opinion

  1. Matter of Christina T. v. Thomas C.T.Appellate Division of the Supreme Court of the State of New York · 2019

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