McGrew v. Chase

Order unanimously reversed on the law without costs and custody of parties’ children granted to petitioner in accordance with the following Memorandum: Family Court erred in granting custody of the three infant children to respondent mother. The record establishes that the best interests of the children require that custody be awarded to petitioner father (see, Domestic Relations Law § 240; Eschbach v Eschbach, 56 NY2d 167, 172; Friederwitzer v Friederwitzer, 55 NY2d 89).

Primary among the circumstances to be considered in determining the best interests of a child is "the quality of the home…