Kenneth H. v. Fay F.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The court’s conclusion, based on a totality of the circumstances, that an award of sole custody to petitioner would be in the best interests of the child is supported by a sound and substantial basis in the record, and is entitled to deference (see Eschbach v Eschbach, 56 NY2d 167, 173 [1982]; Matter of Naomi S. [Hadar S.], 87 AD3d 936 [1st Dept 2011], lv denied 18 NY3d 805 [2012]). The record supports the court’s findings that, notwithstanding petitioner’s reportedly troubled past, since the *543child was placed into his care in December 2007, after being removed from respondent’s care following…
2Cases cited3 opinions
- Eschbach v. EschbachNew York Court of Appeals · 1982
- Nelissa O. v. Danny C.Appellate Division of the Supreme Court of the State of New York · 2010
- David C. v. Laniece J.Appellate Division of the Supreme Court of the State of New York · 2013
3Cited by2 opinions
- Matter of Elissa A. v. Samuel B.Appellate Division of the Supreme Court of the State of New York · 2014
- Matter of Melvin R. v. Luisanny A.Appellate Division of the Supreme Court of the State of New York · 2015