Legal Opinion

Angel M. v. Nereida M.

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

Decided February 23, 2012Published

1Opinion of the Court

The court’s determination that it was in the best interests of the child to grant custody to the mother has a sound and substantial basis in the record (see Eschbach v Eschbach, 56 *584NY2d 167 [1982]). The record shows that the father attempted and intended to thwart any relationship between the mother and the child, while the mother was willing to ensure that the father had frequent contact with the child; the mother served as the child’s primary caregiver before the father gained de facto custody by refusing to return the child after a weekend visit; the father failed to attend to the child’s…

2Cases cited3 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. In re Shayna R.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Nimkoff v. NimkoffAppellate Division of the Supreme Court of the State of New York · 2010

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