Fourth Department — Family Court — Civil Contempt: Lara v. Sullivan

Listen to this article

Appellate Division, Fourth Department

Family Court — Civil Contempt

Out-of-State Move — Custody Modification

Lara v. Sullivan
CAF 12-02057; CAF 12-02084
Appeal from Family Court, Monroe County

Background: The petitioner and attorney for the child appealed from an order denying the father’s petition seeking to modify an order granting the respondent mother custody of the parties’ daughter. On cross-appeal, the mother argued that she was not in civil contempt and that she was denied effective assistance of counsel.

Ruling: First, the Appellate Division affirmed the finding of civil contempt. The mother had moved out-of-state with the parties’ child without the permission of either the father or the court. In addition, she failed to appear for the three days on which the hearing was conducted. With respect to the custody petition, the court reversed and granted the father’s petition. The court found that the evidence established that the mother was verbally abusive to the child; that she refused the father visitation; and that she attempted to move to Maine with the child. Further, the child indicated that she wanted to live with her father because she believed her mother to be unpredictable, unstable and scary.

Kimberly F. Duguay, public defender, for the petitioner-appellant-respondent; Heidi W. Feinber, attorney for the child; Shirly A. Gorman for the respondent-respondent-appellant