Custody cases in New York can be emotionally exhausting. Parents often feel that one mistake or a bad chapter in life could cost them their children forever. But recent appellate decisions from 2025 tell a more balanced story—one focused on safety, stability, and the possibility of second chances.
At The Gilmer Law Firm, PLLC, our Brooklyn Custody Attorneys have seen firsthand how the courts in New York now view rehabilitation, accountability, and cooperation. This year’s appellate opinions make one thing clear: judges are looking at the full picture of each parent’s life, not just their past mistakes. Here are five important cases that every parent should understand if they’re facing a custody dispute.
1. Jehrica K. v. Erin J. (2024): Credibility and Child Safety Come First
In Jehrica K. v. Erin J., 223 A.D.3d 1079 (3d Dep’t 2024), a father sought primary custody after a Child Protective Services investigation following the tragic death of another child. The Family Court granted his petition, and the appellate court affirmed, stating:
There was a sound and substantial basis for Family Court’s finding that the best interests of the child would be served by granting father primary physical custody and reducing mother’s parenting time.
The ruling shows how New York judges prioritize a child’s safety above all else. The court’s deference to Family Court’s firsthand credibility findings underscores that truthfulness and cooperation during an investigation carry tremendous weight.
What This Means for Parents: If ACS or CPS becomes involved, it’s critical to show cooperation, honesty, and a willingness to correct issues. Judges take note of parents who seek counseling, complete programs, and stay engaged in their child’s care. You can learn more about the custody petition process by reviewing the official NY Courts Custody and Visitation Forms.
2. Thayer v. Darling (2025): Relocation and the Best Interests Balancing Test
In Thayer v. Darling, 236 A.D.3d 1485 (4th Dep’t 2025), the court reaffirmed a guiding principle that goes back to Eschbach v. Eschbach (1982):
A court’s evaluation of a child’s best interests is entitled to great deference and will not be disturbed as long as it is supported by a sound and substantial basis in the record.
Even though one parent sought to move away, the court ruled that relocation is only one of many factors—alongside stability, schooling, and emotional bonds. The decision emphasizes that judges are less focused on punishing relocation requests and more on whether the move supports the child’s long-term stability.
What This Means for Parents: If you’re considering moving with your child, plan early. You’ll need to show that relocation is not about cutting out the other parent but about providing a better life for your child. The NYC Bar Association’s Custody and Parenting Plans Guide and The Gilmer Law Firm’s article, How Do I Win My Custody Battle in New York? both explain how judges weigh relocation and co-parenting in real cases.
3. Edwin Acevedo v. Mairead Cassidy (2025): Domestic Violence and Custody Outcomes
Domestic violence remains one of the most serious issues in custody litigation. In Edwin Acevedo v. Mairead Cassidy (App. Div. 2d Dep’t 2025), the Family Court awarded the father sole custody of a child with developmental delays. The appellate court upheld the ruling, writing:
Family Court’s determination that it was in the best interests of the child for father to be awarded sole legal and physical custody was supported by a sound and substantial basis, and the court did not fail to give proper consideration to the parties’ history of domestic violence.
This case confirms that even when domestic violence does not directly target a child, courts will still consider its emotional and psychological impact.
What This Means for Parents: If you are a survivor of domestic violence, you should never fear losing custody for seeking protection. New York’s laws safeguard parents who act in good faith to protect their children. On the other hand, if you’ve been accused, completing anger management or therapy can demonstrate accountability. For guidance, consult a Brooklyn Family Law Attorney who understands both the emotional and legal sides of these complex cases.
4. Jahari BB. v. Zada CC. (2024): Cooperation Over Conflict
In Jahari BB. v. Zada CC., 232 A.D.3d 1142 (3d Dep’t 2024), the mother sought to relocate with her child to Florida. The Family Court allowed the move, and the appellate court agreed:
Courts must consider a variety of factors, including the quality of the parents’ respective home environments, the need for stability in the child’s life, each parent’s willingness to promote a positive relationship between the child and the other parent, and each parent’s past performance, relative fitness, and ability to provide for the child’s intellectual and emotional development.
The decision reinforces that cooperation—not hostility—is the cornerstone of effective parenting plans.
What This Means for Parents: Parents who communicate respectfully and foster relationships between the child and the other parent are viewed more favorably by judges. A strong parenting plan can show that you value stability and shared responsibility. To learn how to create one, visit the NYC Bar Child Custody and Parenting Plans resource or The Gilmer Law Firm’s Child Custody Practice Page.
5. Andrea II. v. Joseph HH. (2022): Recovery as a Path to Parental Fitness
In Andrea II. v. Joseph HH., 203 A.D.3d 1356 (3d Dep’t 2022), both parents had struggled with substance abuse and mental health issues. The court wrote:
The record revealed that each parent has a substance abuse history and the father has mental health issues. Family Court found that the father continues to treat his addiction issues with resolve and serious thought, and that the mother is in recovery but continues to consume alcohol.
The court’s decision to award primary custody to the father demonstrated New York’s growing recognition that recovery and treatment can outweigh past mistakes.
What This Means for Parents: Courts respect parents who take real steps toward change. Therapy, compliance with treatment, and stable housing can all serve as evidence of progress. You can find useful legal forms and procedures for modifying custody after rehabilitation at the NY Courts Custody and Visitation Forms.
Conclusion: Safety, Stability, and Second Chances in Custody Law
New York’s appellate courts are sending a message: custody law is about progress and protection, not punishment. Judges want to see parents who are present, consistent, and committed to their children’s emotional well-being. They’re also giving parents opportunities to rebuild their lives after hardship, addiction, or conflict—so long as the child’s safety remains secure.
If you’re facing a custody dispute in Brooklyn or anywhere in New York, you don’t have to go through it alone. The Brooklyn Custody Attorneys at The Gilmer Law Firm, PLLC have decades of experience guiding parents through custody hearings, ACS investigations, and modifications. Our goal is to help you move from conflict to stability with your rights protected and your child’s best interests at heart. For compassionate and strategic representation, visit our How to Win a Custody Battle in New York page or contact us today for a confidential consultation.
