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No Substantial Basis in the Record for Custody Determination

After the parents’ deaths the maternal and paternal grandmothers petitioned for custody of the child. The Second Department reversed Family Court, which had awarded custody to the maternal grandmother after a three-day hearing, and granted custody to the paternal grandmother, finding no sound and substantial basis for Family Court’s ruling in the record:

The essential consideration in any custody dispute is the best interests of the child … . In determining the best interests of the child, the court must evaluate the totality of the circumstances… . This Court’s authority in custody determinations is as broad as that of the hearing court …, and while we are mindful that the hearing court has an advantage in being able to observe the demeanor and assess the credibility of witnesses, we “would be seriously remiss if, simply in deference to the finding of a Trial Judge,” we allowed a custody determination to stand where it lacks a sound and substantial basis in the record … .  Matter of Iams v Estate of Iams, 2013 NY Slip Op 03482, 2nd Dept, 5-15-13

 

 

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