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Matter of Quarantillo v. Grainge [4th Dept 2000

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 2000
(N.Y. App. Div. May. 10, 2000)

Opinion

May 10, 2000.

Appeal from Order of Niagara County Family Court, Batt, J. — Custody.

Order unanimously affirmed without costs.

PRESENT: PIGOTT, JR., P. J., PINE, SCUDDER AND KEHOE, JJ.


Memorandum:

Family Court did not abuse its discretion in granting respondent's cross petition seeking sole custody of the parties' child. Pursuant to a 1993 divorce decree, incorporating but not merging an agreement of the parties, the parties had joint custody of their child, with primary physical placement of the child with petitioner. "[A] long-term custodial arrangement established by agreement should prevail `unless it is demonstrated that the custodial parent is unfit or perhaps less fit'" ( Fox v. Fox, 177 A.D.2d 209, 211; see also, Matter of Ammann v. Ammann, 209 A.D.2d 1032, 1033). The court properly determined, inter alia, that, because of the efforts of petitioner to exclude respondent from the child's life and her attempts to sabotage respondent's positive relationship with the child, the best interests of the child are served by transferring custody to respondent ( see generally, Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 95). Moreover, because of petitioner's hostility toward respondent, the parties are unable to act together for the benefit of their child ( see, Matter of Buffy E. v. Lance C., 227 A.D.2d 903, 904).


Summaries of

Matter of Quarantillo v. Grainge [4th Dept 2000

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 2000
(N.Y. App. Div. May. 10, 2000)
Case details for

Matter of Quarantillo v. Grainge [4th Dept 2000

Case Details

Full title:MATTER OF ANGELA QUARANTILLO, PETITIONER-APPELLANT, v. PETER GRAINGE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: May 10, 2000

Citations

(N.Y. App. Div. May. 10, 2000)