Summary
The Appellate Division upheld the Family Court’s determination awarding the father sole custody of the parties’ children. The court held that the determination had a sound and substantial basis in the record, emphasizing the father’s considerably more stable living situation and employment and explaining that the attorney for the children’s position was only one factor for the court to consider.
Holdings
- The Family Court properly awarded the father sole custody because the determination was supported by a sound and substantial basis in the record, including unrefuted evidence that the father's living situation and employment were considerably more stable than the mother's.
- The attorney for the children's position that the mother should receive sole custody was only one factor for the Family Court to consider and could not usurp the trial judge's judgment.
Questions Presented
- Whether the Family Court's award of sole custody to the father had a sound and substantial basis in the record.
- Whether the position of the attorney for the children that the mother should receive sole custody was controlling.
Disposition
affirmed
Cases Cited (11)
- Eschbach v. Eschbach, 56 N.Y.2d 167 (1982)(followed)
- Friederwitzer v. Friederwitzer, 55 N.Y.2d 89 (1982)(followed)
- Matter of Taylor v. Lumba, 309 A.D.2d 941 (N.Y. App. Div. 2003)(followed)
- Mauter v. Mauter, 309 A.D.2d 737 (N.Y. App. Div. 2003)(followed)
- Matter of Rodriguez v. Guerra, 28 A.D.3d 775 (N.Y. App. Div. 2006)(followed)
- Kaplan v. Kaplan, 21 A.D.3d 993 (N.Y. App. Div. 2005)(followed)
- Miller v. Pipia, 297 A.D.2d 362 (N.Y. App. Div. 2002)(followed)
- Matter of Lobo v. Muttee, 196 A.D.2d 585 (N.Y. App. Div. 1993)(followed)
- Matter of Krebsbach v. Gallagher, 181 A.D.2d 363 (N.Y. App. Div. 1992)(followed)
- Matter of Walton v. Walton, 306 A.D.2d 491 (N.Y. App. Div. 2003)(followed)
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Cited In (0)
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Court Document
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