In re Rebecca B.
Supreme Court of New York, Appellate Division
611 N.Y.S.2d 831 (1994)
After Renee B. (Renee) and Michael B. (Michael) divorced, Renee received sole custody of their daughter Rebecca, with Michael granted overnight visitation; when Renee later learned Michael and eight-year-old Rebecca had shared a bed for about a year, she petitioned to terminate unsupervised visitation, and Michael cross-petitioned for sole custody. Three independent experts and Rebecca's own law guardian recommended transferring custody to Michael after meeting with all parties, finding no evidence the sleeping arrangement was anything but innocent, that Rebecca preferred living with Michael and had a closer bond with him, that Renee was a harsh disciplinarian who spanked, slapped, and locked Rebecca in her room, and that Renee was determined to exclude Michael from Rebecca's life; Renee's own expert, whose opinion rested only on interviews with Renee and people she referred, recommended Renee retain custody. The trial court, without explanation, found the three experts recommending transfer "flawed" and denied Michael's petition; Michael appealed.
Whether it was erroneous for a court to deny a transfer of custody from a mother to a father where three experts recommended transfer after meeting with all parties, the child had a more loving relationship with the father than the mother, who punished the girl harshly, and the mother was determined to exclude the father from his daughter's life.