By: Daily Record Staff//January 12, 2015
By: Daily Record Staff//January 12, 2015//
Appellate Division, Fourth Department – Child Custody – Best Interests of the Child Analysis
Caughill v. Caughill
Appealed from Family Court, Erie County
Background: The respondent father appealed arguing that the court erred in modifying a prior custody order by awarding custody of the children to the petitioner mother.
Ruling: The Appellate Division affirmed. The court dismissed the appeal in regards to the 18-year old daughter. However, the Appellate Division reasoned that the mother established that she was more likely to provide stability and continuity for the remaining minor child. Moreover, the mother demonstrated that she was supportive of the relationship between the child and the non-custodial parent. Finally, the 16-year old child wished to remain with the mother.
Timothy R. Lovallo of Lovallo & Williams for the respondent-appellant; Michelle Schwach Miecnikowski, attorney for the children