Legal Opinion

Kenneth H. v. Fay F.

Appellate Division of the Supreme Court of the State of New York

Decided January 28, 2014Published

1Opinion of the Court

The court’s conclusion, based on a totality of the circumstances, that an award of sole custody to petitioner would be in the best interests of the child is supported by a sound and substantial basis in the record, and is entitled to deference (see Eschbach v Eschbach, 56 NY2d 167, 173 [1982]; Matter of Naomi S. [Hadar S.], 87 AD3d 936 [1st Dept 2011], lv denied 18 NY3d 805 [2012]). The record supports the court’s findings that, notwithstanding petitioner’s reportedly troubled past, since the *543child was placed into his care in December 2007, after being removed from respondent’s care following…

2Cases cited3 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Nelissa O. v. Danny C.Appellate Division of the Supreme Court of the State of New York · 2010
  3. David C. v. Laniece J.Appellate Division of the Supreme Court of the State of New York · 2013

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