Legal Opinion
Smalls v. Payne
Appellate Division of the Supreme Court of the State of New York
Decided July 28, 2009PublishedCited by 3 opinions
1Opinion of the Court
In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Elkins, J.), dated June 17, 2008, which, after a hearing, granted the father’s petition for sole custody of the subject child.
*784Ordered that the order is affirmed, without costs or disbursements.
“[A] court’s paramount concern in any custody dispute is whether, under the totality of the circumstances, a transfer of custody is in the best interests of the child” (Musachio v Musachio, 53 AD3d 600, 601 [2008]; see Eschbach v Eschbach, 56 NY2d 167, 171 [1982];…
2Cases cited10 opinions
- Eschbach v. EschbachNew York Court of Appeals · 1982
- Miller v. PipiaAppellate Division of the Supreme Court of the State of New York · 2002
- Fallarino v. AyalaAppellate Division of the Supreme Court of the State of New York · 2007
- Cuccurullo v. CuccurulloAppellate Division of the Supreme Court of the State of New York · 2005
- Conforti v. ConfortiAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by3 opinions
- Matter of Moses v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2016
- Stewart v. MoseleyAppellate Division of the Supreme Court of the State of New York · 2013
- Stewart v. MoseleyAppellate Division of the Supreme Court of the State of New York · 2013