A New York appellate court has reversed a previous custody order that allowed a father to have overnight visitation with his child on alternate weekends. The decision, made on November 13, 2026, affects the custody arrangement between Jeremy M. B. and Jennifer M. H., and it emphasizes the importance of considering the child's best interests in custody disputes.

The ruling came from the Appellate Division of the Supreme Court of the State of New York, under docket number 671 CAF 25-01106. The court's decision highlights the role of the Attorney for the Child (AFC) in advocating for the child's welfare during custody proceedings.

Background

The case involves Jeremy M. B., the petitioner and father, and Jennifer M. H., the respondent and mother. The original custody and visitation order allowed the father to have overnight visits with the child on alternate weekends. However, the Attorney for the Child, Alison Bates, appealed the order, arguing that the decision lacked a solid basis in the record regarding the child's best interests.

The dispute escalated when new information emerged during the appeal process. The AFC submitted evidence indicating that a temporary order had been issued, which eliminated the father's overnight visitation rights. Additionally, the custody and visitation matter had been transferred from Family Court to the Integrated Domestic Violence (IDV) Part of the Supreme Court, which oversees cases involving domestic violence issues.

This transfer raised questions about the appropriateness of the previous visitation order. The AFC contended that the Family Court's decision to allow overnight visits did not sufficiently consider the child's welfare, leading to the appeal.

The Ruling

The court ruled unanimously to reverse the Family Court's order. It determined that the previous decision to grant the father overnight visitation was not supported by a sound and substantial basis in the record. The court stated, "the Attorney for the Child has standing to bring this appeal under the Family Court Act because the child is aggrieved by the order."

Furthermore, the court acknowledged the AFC's submission of new facts that indicated the record was no longer sufficient to determine the best interests of the child regarding overnight visitation. The ruling emphasized the need for an expedited hearing to reassess whether the father should be granted overnight visitation based on the child's best interests.

The judges involved in this decision included Montour, Ogden, Greenwood, Nowak, and Skinner. The court's decision to reverse the order and remand the case for further proceedings underscores the importance of thorough evaluations in custody matters.

Impact

This ruling has significant implications for custody cases in New York, particularly those involving allegations of domestic violence or concerns for a child's safety. By reversing the order, the court has reinforced the necessity of prioritizing the child's best interests in custody determinations.

The decision also sets a precedent for future cases where the AFC can present new evidence during appeals, potentially leading to changes in custody arrangements that better protect children's welfare. Parents involved in custody disputes may need to be more vigilant about how changes in circumstances can impact their visitation rights.

What's Next

The case has been remitted to the Supreme Court's IDV Part for an expedited hearing. The court will determine whether the father should be allowed overnight visitation based on the child's best interests. There are no indications in the opinion about whether this decision can be further appealed, but the ongoing nature of the case suggests that further legal developments may occur.