Custody: Stiles v. Edwards

Appellate Division, Fourth Department

Custody

Interstate Travel

Stiles v. Edwards
CAF 09-02618
Appealed from Family Court, Steuben County

Background: The parties had signed a stipulation addressing the the issue of custody. After divorce, the father sought custody of the parties’ child, alleging the mother’s act of moving the child to Oregon, Georgia, and back to Oregon, actively interfered with the father’s scheduled parenting time. A second issue raised was the mother’s absence at the custody hearing, after her request to testify via telephone was denied.  The family court awarded custody to the father.

Ruling: The lower court’s order is affirmed. The mother was found in violation of the parties’ stipulation. The family court did not err in awarding custody to the father. The second issue raised by the mother was without merit, as the mother had received notice of the hearing but chose not to attend. The appellate court noted the custody award was based not on the mother’s absence at the hearing, but on her failure to value and support the child’s relationship with the father and her failure to comply with prior orders regarding returning to the region.

Mary P. Davison for the petitioner, and Christopher S. Bradstreet for respondent