Matter of C.P. v D.H.

Holding The Appellate Division affirmed the Family Court’s order granting the father primary physical custody, finding a change in circumstances and that the best interests of the children were served by the modification. The court relied on evidence of poor hygiene, dental care, and school attendance in the mother’s care, as well as credible testimony regarding domestic violence witnessed by the children.

The court’s words

The father presented evidence at the hearing which established that the children had a persistent pattern of poor hygiene and dental care while in the mother's care

2026 NY Slip Op 06060, at the official text

the evidence showed that the children were late to school roughly 100 times the prior year and were absent numerous times while in the mother's care

2026 NY Slip Op 06060, at the official text

each child independently advised him that they witnessed domestic violence between the mother and a boyfriend, for which the mother provided no explanation

2026 NY Slip Op 06060, at the official text

Family Court's credibility determinations are entitled to great weight on appeal, as it had the opportunity to observe the demeanor and body language of the parties

2026 NY Slip Op 06060, at the official text