An appeals court on Wednesday found untenable the division of residential custody and decision-making authority for a 12-year-old boy. Instead, the court awarded sole legal and residential custody to the divorced father over the mother.
Given the "acrimony between the parties, the Supreme Court's determination to award legal custody to the father and residential custody to the mother lacked a sound and substantial basis in the record," a unanimous panel of the Appellate Division, Second Department, ruled in McAvoy v. Hannigan, 2012-05537, holding it was in the boy's best interests to stay with his father.
