Legal Opinion
Wissink v. Wissink
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 2002PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
S. Miller, J.
This appeal presents a vexing custody dispute over a teenaged girl who has expressed a clear preference to live with her father. While both parents are seemingly fit custodians, the father has a history of domestic violence directed at the mother; yet he has never posed a direct threat to the child. Because of this circumstance, we hold that the Family Court erred in awarding custody to the father without first ordering comprehensive psychological evaluations to ensure that this award of custody was truly in the child’s best interest.
The child in controversy,…
2Cases cited2 opinions
- Eschbach v. EschbachNew York Court of Appeals · 1982
- People v. MaloneCriminal Court of the City of New York · 1999
3Cited by29 opinions
- Felty v. FeltyAppellate Division of the Supreme Court of the State of New York · 2013
- Kilmartin v. KilmartinAppellate Division of the Supreme Court of the State of New York · 2007
- Grisanti v. GrisantiAppellate Division of the Supreme Court of the State of New York · 2004
- Melissa K. v. Brian K.Appellate Division of the Supreme Court of the State of New York · 2010
- Eddington v. McCabeAppellate Division of the Supreme Court of the State of New York · 2012
24 more not listed; retrieve them via the Exa API.