Legal Opinion

Ortiz v. Maharaj

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

Decided June 21, 2004PublishedCited by 17 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 (Gary, J.), dated June 19, 2003, which granted the father’s petition for permanent custody.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the mother’s contentions, the Family Court correctly awarded custody of the parties’ 12-year-old son to the father. Custody determinations are ordinarily a matter of discretion for the hearing court, whose determination will not be set aside on appeal unless it lacks a sound and substantial…

2Cases cited5 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Friederwitzer v. FriederwitzerNew York Court of Appeals · 1982
  3. Krebsbach v. GallagherAppellate Division of the Supreme Court of the State of New York · 1992
  4. Gage v. GageAppellate Division of the Supreme Court of the State of New York · 1990
  5. Johnson v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by17 opinions

  1. Joseph F. v. Patricia F.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Williams v. DowgialloAppellate Division of the Supreme Court of the State of New York · 2011
  3. Mohammad v. MohammadAppellate Division of the Supreme Court of the State of New York · 2005
  4. Tinger v. TingerAppellate Division of the Supreme Court of the State of New York · 2013
  5. Matter of Newton v. McFarlaneAppellate Division of the Supreme Court of the State of New York · 2019

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