Gallup v. O'Connor

— Order unanimously affirmed without costs. Memorandum: On appeal from an order awarding custody of respondent’s three-year-old daughter, who was born out of wedlock, to petitioner, the child’s father, respondent argues that Family Court abused its discretion by excusing the law guardian, appointed by the court pursuant to Family Court Act § 249 (a), on the second day of the two-day custody trial (see, Matter of Evans v Evans, 127 AD2d 998, 999). In finding that respondent was unfit, the court went far beyond the standard necessary for an award of custody between parents. That standard, the…