Matter of Dossantos v. Rinck

Summary

The Appellate Division, Second Department, reversed an order denying the mother's relocation petition and conditionally awarding primary residential custody to the father. The court remitted the matter for an expedited hearing and new determinations because developments since the Family Court's order rendered the appellate record insufficient to assess the child's best interests.

Holdings

1. In adjudicating custody and parental-access rights, the paramount concern is the best interests of the child, requiring evaluation of the totality of the circumstances.
2. The record was insufficient to determine whether the Family Court's determination remained in the child's best interests because new developments had been brought to the Appellate Division's attention during oral argument.

Questions Presented

1. Whether the Family Court's custody and relocation determination could be reviewed and upheld when new developments disclosed during oral argument rendered the appellate record insufficient to determine the child's current best interests.
2. Whether the Family Court order denying the mother's relocation petition and conditionally awarding the father primary residential custody should be reversed and remitted for an expedited hearing and new determination.

Disposition

reversed_and_remanded