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FRIAS, JUSTINA v. DELGADO, YASMANY

Citation: Not availableDocket: CAF 10-01930

Court: Appellate Division of the Supreme Court of the State of New York; February 9, 2012; New York; State Appellate Court

Original Court Document: View Document

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An appeal was filed by Justina Frias, the respondent-petitioner-appellant, against an order from the Monroe County Family Court that awarded joint physical and legal custody of the children to both her and Yasmany Delgado, the petitioner-respondent. The court granted Delgado sole decision-making authority over the children's educational and extracurricular activities, while Frias was given sole decision-making authority regarding the children's medical and religious matters. 

Frias contested the ruling, specifically the Family Court’s decision not to award her primary physical custody. The appellate court affirmed the Family Court's order, finding that the decision for joint physical custody was supported by substantial evidence in the record and aligned with the children’s best interests. The court also upheld the division of decision-making authority due to the parties' past conflicts, ruling that this arrangement was appropriate given the circumstances. 

The order was unanimously affirmed without costs. 

Entered: February 10, 2012.