Matter of Devon YY. v James ZZ.

Holding The Appellate Division affirmed the Family Court’s order granting the father primary physical custody and final decision-making authority, finding that the mother’s repeated failures to return the child and unilateral changes to the child’s education and healthcare constituted a change in circumstances. The court determined that the best interests of the child were served by supervised visitation for the mother and that the mother failed to establish a family offense.

The court’s words

the mother's repeated actions in absconding with the child and her attempts at making unilateral educational and medical changes concerning the child reflect her failure to work with the father

2026 NY Slip Op 05446, at the official text

the mother's unsupported allegations were insufficient to meet her burden to establish a family offense

2026 NY Slip Op 05446, at the official text

the father demonstrated his willingness to coparent with the mother, to adhere to the prior custody order and to prioritize the needs of the child

2026 NY Slip Op 05446, at the official text