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Jose F. v. Rosa R.N.A.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 5, 2009

IN RE JOSE F., PETITIONER-RESPONDENT,
v.
ROSA R.N.A., RESPONDENT. LAWYERS FOR CHILDREN, INC., APPELLANT.

Order, Family Court, New York County (Helen C. Sturm, J.), entered on or about October 25, 2007, which changed custody of the subject child from respondent mother to petitioner-father, unanimously reversed, on the facts, without costs, and the matter remanded to Family Court for further proceedings consistent herewith.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Andrias, Saxe, Moskowitz, DeGrasse, JJ.

While the decision of the Family Court was pending, and immediately after said decision was rendered, events took place which call into question whether the father has engaged in conduct detrimental to the well-being of the child, and thus, whether it is in the best interests of the child for custody to be changed to the father. Accordingly, this matter is remanded to Family Court for further proceedings as to these issues.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090505

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