In October of 2010, Referee D. Richardson-Mendelson, sitting in the Family Court located in Rockland County, rendered a decision giving exclusive physical custody to the childrens’ father in the case of the matter of H.C. v. J.O. In this case, the father had brought an application before the court to modify a prior custody So-Ordered Stipulation.
The father brought this application to change the joint custody situation to one of sole custody with he being the sole custodial parent. In response to his petition, the mother brought her own petition requesting that she be give sole physical custody of the children. During the course of the proceeding, Referee D. Richardson-Mendelson awarded temporary physical custody to the father. In making a final decision, the court took into consideration the best interest of the children.
Referee D. Richardson-Mendelson stated in his decision that there had been a significant deterioration in the relationship between the mother and the daughter during the course of the proceeding. As of the date of trial, communications had broken down between them. He also stated that the children had made it clear that they preferred living with their father instead of their mother. He specifically stated that the mother showed a “lack of sensitivity to her children’s feelings.” The determination of granting the father sole physical custody of the children was based on it being in the children’s best interest to have a continuation of stability in their lives. While living with the father, the children would be able to stay in the same school district and at their current residence. The mother had intended to relocate and take the children with her.
Custody for Fathers
