Legal Opinion

Matter of Mariam D. v. Adama D.

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

Decided March 10, 2015No. 14465Published

1Opinion of the Court

Order, Family Court, New York County (Monica Shulman, Referee), entered on or about May 5, 2014, which awarded petitioner mother sole legal and physical custody of the subject children, with visitation to respondent father, unanimously affirmed, without costs.

The record supports the finding that the best interests of the children are met by the award of legal and physical custody to the mother (see generally Eschbach v Eschbach, 56 NY2d 167, 171-172 [1982]). The order of protection against the father impeded his ability to obtain physical custody of the children, and there is an inability on…

2Cases cited3 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Mildred S.G. v. Mark G.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Matter of Rena M. v. Derrick A.Appellate Division of the Supreme Court of the State of New York · 2014

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