| Matter of Lawrence v Davidson |
| 2013 NY Slip Op 05823 [109 AD3d 826] |
| September 11, 2013 |
| Appellate Division, Second Department |
| In the Matter of Tarel Lawrence,Respondent, v Michelle Davidson, Appellant. (Proceeding No. 1.) In the Matterof Michelle Davidson, Appellant, v Tarel Lawrence, Respondent. (Proceeding No.2.) |
—[*1] Veronica J. Young, New City, N.Y., attorney for the children.
In related child custody and visitation proceedings pursuant to Family Court Actarticle 6, the mother appeals, as limited by her brief, from so much of an order of theFamily Court, Rockland County (Richardson-Mendelson, Ct. Atty. Ref.), entered July 16,2012, as, after a hearing, awarded the parties joint legal custody of the subject child.
Ordered that the order is reversed insofar as appealed from, on the facts, withoutcosts or disbursements, and the mother is awarded sole legal custody of the subject child.
Joint custody is appropriate between "relatively stable, amicable parents behaving inmature civilized fashion" (Braiman v Braiman, 44 NY2d 584, 589-590 [1978]).However, joint custody is inappropriate "where the parties are antagonistic towards eachother and have demonstrated an inability to cooperate on matters concerning the child"(Matter of Laura A.K. v Timothy M., 204 AD2d 325, 326 [1994]). Here, therecord demonstrates that the parties' relationship is so acrimonious that they will beunable to cooperate on decisions regarding the subject child. Both parties even testifiedthat they are unable to make joint decisions. The record supports a finding that an awardof sole legal custody to the mother is in the child's best interests (see Matter of Wright v Kaura,106 AD3d 751 [2013]). Rivera, J.P., Balkin, Leventhal and Cohen, JJ., concur.