NY appeals court upholds father's custody after mother's addiction treatment

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A ruling by a New York appeals court has solidified a father's primary custody of his two children, shifting them from their maternal grandparents in North Carolina back to him.…

A New York appeals court has upheld a decision giving a father primary physical custody of his two children after they spent a school year living with their grandparents in North Carolina while their mother received treatment for alcoholism. In a ruling issued on November 12, 2026, the New York Supreme Court, Appellate Division, Third Judicial Department, upheld a December 13, 2023, decision by the Family Court of Chemung County. A five-judge panel rejected the mother's appeal. The mother, identified in court papers as Annette D., had asked the court to overturn the order giving the father, Scott E., primary physical custody and final authority over major decisions about the children.

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