Fourth Department – Schieble v. Swantek

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Appellate Division, Fourth Department

Custody

Domestic Violence – Order of Protection

Schieble v. Swantek

CAF 14-02146

Appealed from Family Court, Oneida County

Background: The father appealed from an order that denied his petition to modify a prior custody order that awarded sole legal and primary physical custody to the mother. The father argued that the mother was the victim of domestic abuse at the hands of her former boyfriend with whom she lived with for several years.

Ruling: The Appellate Division affirmed. The court held that, while it agrees that incidents of domestic violence in a mother’s household constitute a change in circumstances, the mother had filed an order of protection and brought charges against the boyfriend. Therefore, he was no longer living with the mother. Further, the father acknowledged that his only basis for the modification petition was the allegations of domestic violence.

Meade H. Versace for the petitioner-appellant; Lucille M. Rignanese of Diane Martin-Grande for the respondent-respondent; John G. Koslosky, attorney for the child