Legal Opinion
Baribault v. Sauvola
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 2012PublishedCited by 4 opinions
1Opinion of the Court
Where the initial custody determination is made by the adoption of an agreement by the parties, custody may be modified where is it shown that, viewing the totality of the circumstances, a change in custody is in the child’s best interest (see Friederwitzer v Friederwitzer, 55 NY2d 89, 96 [1982]). “Custody determinations turn in large part on assessments of the credibility, character, temperament, and sincerity of the parties, and where a full evidentiary hearing has been held on the child’s best interests, the resultant findings will not be lightly set aside on appeal” unless they lack a…
2Cases cited14 opinions
- Eschbach v. EschbachNew York Court of Appeals · 1982
- Friederwitzer v. FriederwitzerNew York Court of Appeals · 1982
- Boggio v. BoggioAppellate Division of the Supreme Court of the State of New York · 2012
- O'Neil v. O'NeilAppellate Division of the Supreme Court of the State of New York · 1993
- Salvatore v. SalvatoreAppellate Division of the Supreme Court of the State of New York · 2009
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tinger v. TingerAppellate Division of the Supreme Court of the State of New York · 2013
- Mueller v. MuellerAppellate Division of the Supreme Court of the State of New York · 2014
- Mueller v. MuellerAppellate Division of the Supreme Court of the State of New York · 2014
- Tinger v. TingerAppellate Division of the Supreme Court of the State of New York · 2013