Summary
In Matter of Martin v Martin (113 A.D.2d 943), the Appellate Division, Second Department, held that an award of joint custody was appropriate, where there were some difficulties between the parties, but there was an absence of severe antagonism.
Summary of this case from Florence B. v. Carol MOpinion
September 30, 1985
Appeal from the Family Court, Dutchess County (Bernhard, J.).
Order affirmed, without costs or disbursements.
The grant of joint custody to the parties was appropriate. While the parties have had some difficulties, their relationship is not so severely antagonistic or embattled as to make an award of joint custody improper (Braiman v Braiman, 44 N.Y.2d 584).
Although the record contains conflicting testimony, there is a sound and substantial basis for the trial court's finding that the husband was the more mature and stable of the parties at the time of the hearing. Therefore, the court properly determined that physical residence of the child should be with him. Appellant's other contentions are without merit. Gibbons, J.P., Thompson, Weinstein and Kunzeman, JJ., concur.