Peru v Peru

Holding The Appellate Division affirmed the lower court’s award of sole legal and primary physical custody to the mother, finding that the father’s refusal to accept the child’s autism diagnosis and his failure to provide a realistic educational plan were detrimental to the child’s best interests. The court determined that joint custody was inappropriate due to the acrimonious relationship between the parties and the father’s undermining behavior.

The court’s words

There is a sound and substantial basis in the record for the court's determination that the child's best interests are served by awarding sole legal and physical custody to the mother

2026 NY Slip Op 06392, at the official text

the father, at least initially, refused to accept the child's autism diagnosis and undermined the mother's attempts to enroll him in school

2026 NY Slip Op 06392, at the official text

the father continually insulted and undermined the mother and surreptitiously took the child for certain evaluations without the mother's knowledge or consent

2026 NY Slip Op 06392, at the official text

the father unilaterally arranged for the child to receive applied behavior analysis (ABA) services, on a private basis, for 20-hours a week

2026 NY Slip Op 06392, at the official text