Legal Opinion

Mandal v. Mandal

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

Decided January 22, 2014Published

1Opinion of the Court

*770An award of custody must be based upon the best interests of the child, and neither parent has a prima facie right to custody of the child (see Matter of Zaratzian v Abadir, 105 AD3d 1054 [2013]; Matter of Peek v Peek, 79 AD3d 753, 753-754 [2010]). “Since the court has an obligation to make an objective and independent evaluation of the circumstances, a custody determination should be made only after a full and fair hearing at which the record is fully developed” (Matter of Peek v Peek, 79 AD3d at 754 [citations omitted]; see Matter of Labella v Murray, 108 AD3d 547 [2013]; Matter of Perez v…

2Cases cited8 opinions

  1. Swinson v. BrewingtonAppellate Division of the Supreme Court of the State of New York · 2011
  2. Peek v. PeekAppellate Division of the Supreme Court of the State of New York · 2010
  3. Audubon v. AudubonAppellate Division of the Supreme Court of the State of New York · 1988
  4. Savoca v. BellofattoAppellate Division of the Supreme Court of the State of New York · 2013
  5. Mauter v. MauterAppellate Division of the Supreme Court of the State of New York · 2003

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