Opinion
April 13, 1998
Appeal from the Family Court, Westchester County (Tolbert, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The court properly determined that the prior order of the Family Court, Orange County, should be modified, since joint custody requires relatively stable, amicable parents behaving in a mature, civilized fashion ( see, Braiman v. Braiman, 44 N.Y.2d 584, 589-590; see also, Bliss v. Ach, 56 N.Y.2d 995). Based on the applications of both parents for sole custody of their daughter, as well as their hearing testimony, it is clear that joint custody could not succeed as a court-ordered arrangement since the acrimony between the mother and the father made it impossible for them to agree on the best interests of the child ( see, Braiman v. Braiman, supra; Matter of Sooy v. Sooy, 101 A.D.2d 287, 288, aff'd sub nom. Matter of Louise E.S. v. W. Stephen S., 64 N.Y.2d 946).
Moreover, while a custodial parent who improperly interferes with visitation may be penalized and otherwise viewed as unfit ( see, Leistner v. Leistner, 137 A.D.2d 499), the facts of this case do not justify that result at this time. Rather, the evidence revealed that it was in the best interests of the child to remain with the mother, who has been with the child since birth and is not an unfit parent ( see, Matter of Wolfer v. Wolfer, 183 A.D.2d 903; see also, Friederwitzer v. Friederwitzer, 55 N.Y.2d 89, 96; Kuncman v. Kuncman, 188 A.D.2d 517, 518; Klat v. Klat, 176 A.D.2d 922, 923).
The father's remaining contention is without merit.
Altman, J.P., Krausman, Florio and Luciano, JJ., concur.