Dornbusch v. Dornbusch

*809The trial court erred in granting custody of the parties’ four children to defendant. It is beyond cavil that the paramount concern in all custody matters is the best interests of the child (Matter of Nehra v Uhlar, 43 NY2d 242). In an initial custody battle, there is no presumption in favor of either parent (Domestic Relations Law § 240).

The wife admitted that she carried on a secret affair of over a year’s duration and that she would invite her paramour to spend time at the marital home, with the children present, when the husband was away. On at least one occasion, the wife had relations…