Legal Opinion
Demeter v. Alayon
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2011PublishedCited by 5 opinions
1Opinion of the Court
In adjudicating custody issues, the paramount concern is the best interests of the child (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Matter of Perez v Martinez, 52 AD3d 518, 519 [2008]; Matter of Brass v Otero, 40 AD3d 752 [2007]). Since the Family Court’s determination in a custody dispute is based upon a first-hand assessment of the parties, as well as their credibility, character, and temperament, and the Family Court’s credibility determinations are to be accorded great weight on appeal, such a determination should not be disturbed unless it lacks a sound and substantial basis in…
2Cases cited5 opinions
- Eschbach v. EschbachNew York Court of Appeals · 1982
- Teuschler v. TeuschlerAppellate Division of the Supreme Court of the State of New York · 1997
- Perez v. MartinezAppellate Division of the Supreme Court of the State of New York · 2008
- Brass v. OteroAppellate Division of the Supreme Court of the State of New York · 2007
- Marriott v. HernandezAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by5 opinions
- Suarez v. WilliamsNew York City Family Court · 2013
- Matter of Follini v. CurrieAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Trentacoste v. AlwardAppellate Division of the Supreme Court of the State of New York · 2024
- SAPERSTON, WILLARD v. HOLDAWAY, HEATHERAppellate Division of the Supreme Court of the State of New York · 2012
- Saperston v. HoldawayAppellate Division of the Supreme Court of the State of New York · 2012