Legal Opinion

Kenneth H. v. Fay F.

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

Decided January 28, 2014PublishedCited by 2 opinions

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

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Nelissa O. v. Danny C.Appellate Division of the Supreme Court of the State of New York · 2010
  3. David C. v. Laniece J.Appellate Division of the Supreme Court of the State of New York · 2013

3Cited by2 opinions

  1. Matter of Elissa A. v. Samuel B.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Matter of Melvin R. v. Luisanny A.Appellate Division of the Supreme Court of the State of New York · 2015

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