## Facts

- The parents shared joint legal and physical custody of their five-year-old daughter under a prior stipulation.
- The mother sought to modify custody, alleging the father sexually abused the child; the father sought sole custody and protective orders, and the matters were consolidated for trial.
- Pending investigation, the court ordered the father’s visitation supervised based on the allegations and the law guardian’s recommendation.
- The child initially reported abuse to a family friend and to a caseworker, prompting child-protective involvement.
- A child sexual-abuse specialist interviewed the child multiple times, could not validate abuse, and reported the child said she “made up” the allegations as instructed (without identifying who instructed her); the specialist noted the child lacked sexual knowledge and trauma indicators commonly associated with abuse.
- The child’s pediatric examination found no physical signs of sexual abuse.
- Child protective services deemed the allegations unfounded.
- Months later, the mother reported renewed allegations; a polygraph examiner interviewed the child once and concluded the child’s statements supported abuse, though he lacked experience evaluating children as young as the child.
- Evidence from multiple witnesses, including the law guardian, indicated the child displayed no fear of the father and maintained a warm relationship with him.
- The specialist and the law guardian expressed concern that the mother was influencing the child to make false allegations to affect custody.

## Issues

1. Whether the father sexually abused the child as alleged by the mother.
2. If abuse was not proven, what custody and visitation orders served the child’s best interests given evidence of maternal coaching and interference with the father-child relationship.

## Decision

- The court found the sexual-abuse allegations unproven and characterized them as unfounded.
- The court credited the child sexual-abuse specialist’s testimony over the polygraph examiner’s opinion.
- The court awarded the father sole legal and physical custody.
- The court denied the mother visitation until further order, citing risk of continued coaching and harm to the child’s relationship with the father.

## Legal Principles

- Custody determinations are governed by the child’s best interests, evaluated on the totality of the circumstances.
- In assessing sexual-abuse allegations in custody disputes, courts weigh consistency of the child’s accounts, the reliability and specialization of expert evaluations, physical findings, and the child’s observed behavior and relationships.
- A parent’s conduct in inducing or reinforcing false abuse allegations, or otherwise impairing the child’s relationship with the other parent, may justify transferring custody and restricting or suspending visitation to protect the child from emotional harm.

## Conclusion

The court concluded the abuse allegations were not substantiated and that the mother’s apparent coaching and interference posed a serious risk to the child’s welfare; it therefore transferred sole custody to the father and suspended the mother’s visitation pending further court order.


Karen B. v. Clyde M., 574 N.Y.S.2d 267 (N.Y. Fam. Ct. 1991)