Fourth Department – Child Custody: Matter of Lacey-Sophia T.-R.

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Appellate Division, Fourth Department – Child Custody – Neglect – Leaving Child with Appropriate Caregivers

Matter of Lacey-Sophia T.-R.

CAF 13-01836

Appealed from Supreme Court, Jefferson County

Background: The respondent mother appealed arguing that the petitioner father failed to establish that she neglected the subject child. The petitioner alleged that the 20-year-old mother left the 18-month-old child in the care of the couple with whom the mother and child lived so that she could take a trip to Syracuse. It was further alleged that she did not return for many days and called the couple from Virginia. The father also alleged that the mother lived a lifestyle of “partying and drinking” and called the child negative and derogatory names.

Ruling: The Appellate Division reversed. The court held that mother left the child with appropriate caregivers, who agreed to care for the child for several days. They testified that they knew where the mother was when she was out and that the mother never returned home drunk. Moreover, she never struck the child. Further, despite the delay in returning home as planned, the mother had a cellphone to remain in contact with the caregivers.

Cara A. Waldman for the respondent-appellant; Arthur C. Stever IV for the petitioner-respondent; Julia R. Clement, attorney for the child