DAD MUST GIVE 48-HOURS’ WRITTEN NOTICE
In J. v. McW, the mom asked the Putnam County Family Court to direct that the child’s dad give her 48-hours’ notice, in writing, if he wanted to have their kid stay an additional weekday or overnight (beyond the previously ordered custody arrangement of “every other weekend”). And the court granted that request.When dad appealed to the Appellate Division, Second Department, it deferred to the “sound discretion of the Family Court” and noted that its parental access determinations should not be disturbed unless lacking "`a sound and substantial basis in the record.’”
Given the "`totality of the circumstances,'" and because it thought the determination was consistent with the child’s “best interests,” the AD2 left the outcome undisturbed.
You can't help but notice that!
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DECISION