Elkin v. Labis

The court properly awarded custody to defendant, with a phased visitation plan including therapeutic visitation for plaintiff, after carefully assessing the testimony of the parties and the court-appointed forensic expert (see Eschbach v Eschbach, 56 NY2d 167 [1982]). The record supports the court’s finding that the parties’ acrimonious relationship precludes joint custody (see Lubit v Lubit, 65 AD3d 954 [1st Dept 2009], lv denied 13 NY3d 716 [2010], cert denied 560 US 940 [2010]). It supports the court’s finding that defendant is better able than plaintiff to meet the emotional and…