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Fourth Department – Custody: Donegan v. Torres

By: Daily Record Staff//April 6, 2015

Fourth Department – Custody: Donegan v. Torres

By: Daily Record Staff//April 6, 2015//

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Appellate Division, Fourth Department – Custody – Best Interest – Parent’s Psychological Condition

 

Donegan v. Torres

CAF 13-01367

Appealed from Family Court, Onondaga County

 

Background: The respondent mother appealed from an order that awarded the petitioner father sole legal and physical custody of the parties’ child.

 

Ruling: The Appellate Division dismissed the appeal. The evidence supports a finding that the mother suffered from bipolar disorder and schizophrenia with psychosis, that she received Social Security disability income, and that her mental health hospitalization required her relatives to travel to Puerto Rico to prevent the child from being placed in protective custody. Further, the mother admitted that she stopped obtaining treatment through psychiatric services and medication because she thought it was more hurtful than helpful.

 

Elizabeth deV. Moeller of D.J. & J.A. Cirando for the respondent-appellant; Philip Rothschild of the Frank H. Hiscock Legal Aid Society for the petitioner-respondent; Beth A. Lockhart, attorney for the child

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