Matter of Hercsky v. Evans

Summary

The Appellate Division, Second Department affirmed a Family Court order awarding the mother sole legal and residential custody of the parties' child and denying the father's competing custody petition. The court held that the determination was supported by a sound and substantial basis in the record and served the child's best interests.

Holdings

1. The Family Court's determination that the child's best interests would be served by awarding the mother sole legal and residential custody had a sound and substantial basis in the record and would not be disturbed.

Questions Presented

1. Whether the Family Court properly modified the parties' custody stipulation to award the mother sole legal and residential custody.
2. Whether the Family Court properly denied the father's request for sole legal and residential custody.
3. Whether the Family Court's custody determination had a sound and substantial basis in the record under the child's best-interests standard.

Disposition

affirmed