Legal Opinion

Kilstein v. MacDowell

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

Decided April 29, 1996PublishedCited by 3 opinions

1Opinion of the Court

In a proceeding for custody or visitation pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Richmond County (Clark, J.), dated May 13, 1994, which, after a hearing, dismissed his petition.

Ordered that the order is affirmed, without costs or disbursements.

The court’s primary concern in making a determination regarding custody or visitation is the best interests of the child (Eschbach v Eschbach, 56 NY2d 167; Matter of Newton v Newton, 210 AD2d 337; Koppenhoefer v Koppenhoefer, 159 AD2d 113). To formulate a sound basis for its action, the court should…

2Cases cited3 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Koppenhoefer v. KoppenhoeferAppellate Division of the Supreme Court of the State of New York · 1990
  3. Newton v. NewtonAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by3 opinions

  1. Lozada v. LozadaAppellate Division of the Supreme Court of the State of New York · 2000
  2. Luizzi v. CollinsAppellate Division of the Supreme Court of the State of New York · 2009
  3. Connelly v. VelezAppellate Division of the Supreme Court of the State of New York · 1996

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