Archibald M. v. Georgette S.

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Danoff, J.), dated May 22, 2012, which, without a hearing, granted the father’s petition for custody of the subject children.

Ordered that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for a hearing on the father’s petition before a different Judge, and a new determination thereafter.

An award of custody must be based upon the best interests of the children (see Matter of…