Background
James EE. (the father) and Vanessa EE. (the mother) are the parents of two children born in 2016 and 2018. In 2022, the mother was awarded sole legal and residential custody, with the father having parenting time on alternate weekends and a specified schedule. The father filed a petition to hold the mother in violation of the custody order and to modify custody, alleging that the mother was interfering with his court-ordered parenting time.
Family Court of Otsego County (John Lambert, J.) found the mother in violation and granted modification of the custody arrangement.
The Court’s Holding
The Third Department affirmed. The court found that the record supported Family Court’s determination that the mother violated the prior custody order by interfering with the father’s parenting time. Willful interference with court-ordered visitation constitutes a violation that may warrant modification of custody.
The court also upheld the modification of the custody arrangement, finding it was in the children’s best interests. The court noted that a parent’s deliberate interference with the other parent’s relationship with the children is a factor that bears on the custody determination, as it demonstrates a willingness to subordinate the children’s interests to the parent’s own preferences.
Key Takeaways
- Willful interference with court-ordered parenting time constitutes a violation of a custody order and may support a motion to modify custody.
- A parent’s interference with the other parent’s relationship with the children is a significant factor in the best-interests analysis on modification.
- Family Court findings regarding custody violations are entitled to deference on appeal when supported by the record.
Why It Matters
This case underscores that New York courts take violations of custody orders seriously. For family law practitioners, the decision reinforces that willful interference with parenting time can result not only in a contempt finding but also in a modification of custody unfavorable to the interfering parent.