Perez v. Estevez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
“[A]s a general rule, it is error as a matter of law to make an order respecting custody based upon controverted allegations without the benefit of a full hearing” (Matter of Khan v Dolly, 6 AD3d 437, 439 [2004]; see Matter of Peek v Peek, 79 AD3d 753 [2010]; Matter of Klang v Klang, 235 AD2d 476 [1997]; see also Matter of Garcia v Ramos, 79 AD3d 872 [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…
2Cases cited7 opinions
- Peek v. PeekAppellate Division of the Supreme Court of the State of New York · 2010
- Khan v. DollyAppellate Division of the Supreme Court of the State of New York · 2004
- D'Entremont v. D'EntremontAppellate Division of the Supreme Court of the State of New York · 1998
- Feldman v. FeldmanAppellate Division of the Supreme Court of the State of New York · 2010
- Klang v. KlangAppellate Division of the Supreme Court of the State of New York · 1997
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Swinson v. BrewingtonAppellate Division of the Supreme Court of the State of New York · 2011
- Savoca v. BellofattoAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Goldfarb v. SzaboAppellate Division of the Supreme Court of the State of New York · 2015
- Matter of Velez v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2015
- Labella v. MurrayAppellate Division of the Supreme Court of the State of New York · 2013
4 more not listed; retrieve them via the Exa API.