State of New York, Supreme Court, Appellate Division, Third Judicial Department: Memorandum and Order in the Matter of Brandi Eva Mae Barker, Appellant v Dale D. Dutcher Respondent. BY: Michael B.

Link for opinion: http://www.decisions.court.state.ny.us./ad3/decisions/2012/513113.pdf

Title: State of New York, Supreme Court, Appellate Division, Third Judicial Department: Memorandum and Order in the Matter of Brandi Eva Mae Barker, Appellant v Dale D. Dutcher Respondent

The State of New York Supreme Court, Appellate Division, Third Judicial Department held in Barker v Dutcher, that joint custody, with primary physical custody to the father, is in the child’s best interest.

On May 18, 2011, the Family Court of Sullivan County, New York granted joint custody to both the above Appellant (Mother) and Respondent (Father) who were not married with primary physical custody of daughter to the Father.

Days later after the court order, the Mother petitioned for a modification of the custody order. As per the Memorandum and Order of the Appellate Division, it appears that that the Mother arguments were that the condition of the Father’s home were cluttered and unkempt. However, the Appellate Court, depending upon the previous findings of the Trial Court found that the conditions of the home were in the same condition and that this was not an issue.

Also, the Mother had relocated to an urban area that would require the daughter to relocate to an area that was vastly different than what she was accustomed to and she also had a close relationship with her paternal grandmother.

In the Appellate Courts holding, it found that the Trial Courts conclusion was correct and did not remand the decision.