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Before: Mercure, J.P., Spain, Rose and Garry, JJ. http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=120655 UPON divorce in 2002, the parties stipulated to shared custody and equal parenting for their son born in 1998. On Aug. 21, 2007—after court-ordered psychological evaluation of the mother—a Family Court granted the father’s 2005 bid for sole custody, but permitted the mother visitation. In her appeal of the custody modification, the Third Department rejected claims that the award and denial of overnight visitation lacked a sound basis in the record. Hearing testimony had shown the mother’s increasingly inappropriate, hostile and paranoid behavior, often in front of the boy, starting October 2004. The deterioration in the parties’ relationship and inability to co-parent was a significant change in circumstances warranting revision of the agreed joint custody. Exercising its independent review powers, the Third Department found the mother’s behavior and instability provided a sound, substantial basis for denial of overnight visitation. It was not persuaded by the mother’s claim of the Family Court’s bias against her claims of trial counsels’ inadequacies. The Third Department concluded that trial counsel had provided aggressive, meaningful representation throughout the Family Court proceedings.

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