Harvey v. Roselle

— Order unanimously affirmed, without costs, in accordance with the following memorandum: Family Court, after a full evidentiary hearing, granted custody of the parties’ child to petitioner. Family Court’s determination was based on respondent’s immoral conduct, her defiance of legal process, her denial of petitioner’s visitation rights and one instance of improper child care and supervision. While such factors are to be given appropriate consideration in determining custody (Matter of Nehra v Uhlar, 43 NY2d 242, 248-251), the ultimate test is the best interests of the child (Eschbach v…