Knoll v. Waters

Appeal from an order of the Family Court of Chemung County (Hayden, J.), entered January 23, 2002, which, inter alia, granted respondent’s application, in a proceeding pursuant to Family Ct Act article 6, for physical custody of the parties’ child.

The parties are the parents of Justin (born in 1994), who is a special needs child. When they separated after eight years, both parties sought sole custody. After the appointment of counsel and a Law Guardian, Family Court awarded temporary *742custody to respondent and ordered a child protective investigation (see Family Ct Act § 1034 [1]). It revealed…