James v. Carpenter

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Family Court erred when it modified a custodial order of long duration (nine years) by separating three siblings who had lived with their mother since birth. It has long been recognized that it is usually in the child’s best interest to continue to live with his siblings (Eschbach v Eschbach, 56 NY2d 167, 173; Matter of Ebert v Ebert, 38 NY2d 700, 704; Obey v Degling, 37 NY2d 768, 771). The record indicates that the respondent was a fit parent, and a good and loving…