A Manhattan judge erred in giving sole custody of a separated couple’s daughter to the mother largely on the basis of the father’s “alienating” comments, a unanimous appellate panel has ruled, holding that the judge should have given more weight to the mother’s behavior and the daughter’s own wishes.
The Appellate Division, First Department, panel also found that Acting Supreme Court Justice Ann O’Shea (See Profile) should not have granted the mother final decision-making authority about the education and health care of the couple’s son, whom she allowed to remain in the father’s custody.
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