Fourth Department – Nonparent custody: Sevilla v. Torres

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Nonparent custody — Extraordinary circumstances — Domestic violence

Sevilla v. Torres

CAF 22-01962

Appealed from Family Court, Oneida County

Background: The petitioner mother commenced an action seeking modification of a prior order awarding joint custody of the child to her and the respondent grandmother. She argues that the grandmother failed to establish extraordinary circumstances before custody could be granted to her.

Ruling: The Appellate Division affirmed. The court noted that the mother was a victim of domestic violence and that the child had been present during more than one incident between the mother and her husband. The mother had a pattern of leaving the marital home after an incident and then returning a short time later. The police had been called to the marital residence on multiple occasions and that the mother called the child a liar after he disclosed the extent of the abuse to the grandmother. With regard to custody, the mother has only sporadically visited the child and not communicated to the grandmother while the child has been in her care. She has not provided financial support for the child.

Scott T. Godkin for the petitioner-appellant; Peter J. Digiorgio Jr., attorney for the child.

Oral argument video