People ex rel. Wasserberger v. Wasserberger

Issues of child custody, particularly in disputes between parents, present what is perhaps the most difficult of problems for judicial resolution. A determination of what is in the best interests of the child (Domestic Relations Law, §§ 70, 240) is based for the most part upon “ .the wise exercise of discretion.” (Harrington v. Harrington, 290 N. Y. 126, 131.) In this respect, an appellate court’s function is highly limited, for more than in any other type of proceeding, the trial court’s ability .to observe the parties and to evaluate the testimony in light of its observations, should be…