Legal Opinion

Castro v. Santiago

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

Decided October 10, 1991PublishedCited by 3 opinions

1Opinion of the Court

— Decision and order, Family Court, New York County (Mary E. Bednar, F.C.J.), entered December 19, 1989, which awarded custody of the parties’ child, Dawn Castro, to the child’s biological mother, and provided for visitation by the child’s biological father, unanimously affirmed, without costs.

It is well settled that determinations as to the custody of a child are governed by the best interests of the child (Eschbach v Eschbach, 56 NY2d 167). Further, neither parent has a prima facie right to custody. (Domestic Relations Law § 240.) Here, while both had problematic pasts, the evidence…

2Cases cited2 opinions

  1. Eschbach v. EschbachNew York Court of Appeals · 1982
  2. Alan G. v. Joan G.Appellate Division of the Supreme Court of the State of New York · 1984

3Cited by3 opinions

  1. Matter of Jamel W. v. Stacey J.Appellate Division of the Supreme Court of the State of New York · 2016
  2. Matter of Celina S. v. Donald S.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Pape v. PapeAppellate Division of the Supreme Court of the State of New York · 1996

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