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STANDARD FOR THE NEED FOR A HEARING TO DETERMINE CUSTODY CLARIFIED; HERE SUPREME COURT SHOULD NOT HAVE RULED ON CUSTODY WITHOUT A HEARING.

The Court of Appeals, in a full-fledged opinion by Judge Garcia, reversing the Appellate Division, determined Supreme Court should not have awarded sole custody to father without a hearing. The “adequate relevant information” standard used by the Appellate Division was not the correct one:

… [W]e hold only that, on this record, the Appellate Division erred in holding that a hearing was not required based on an application of the “adequate relevant information” standard. In doing so, we reaffirm the long-established principle that, as a general matter, custody determinations should be rendered only after a full and plenary hearing. We decline, however, to fashion a “one size fits all” rule mandating a hearing in every custody case statewide. However, where, as here, facts material to the best interest analysis, and the circumstances surrounding such facts, remain in dispute, a custody hearing is required. Accordingly, a court opting to forego a plenary hearing must take care to clearly articulate which factors were — or were not — material to its determination, and the evidence supporting its decision. Under the circumstances of this case, a plenary hearing was necessary. S.L. v J.R., 2016 NY Slip Op 04442, CtApp 6-9-16

FAMILY LAW (STANDARD FOR THE NEED FOR A HEARING TO DETERMINE CUSTODY CLARIFIED; HERE SUPREME COURT SHOULD NOT HAVE RULED ON CUSTODY WITHOUT A HEARING)/CUSTODY (STANDARD FOR THE NEED FOR A HEARING TO DETERMINE CUSTODY CLARIFIED; HERE SUPREME COURT SHOULD NOT HAVE RULED ON CUSTODY WITHOUT A HEARING)/EVIDENCE (FAMILY LAW, STANDARD FOR THE NEED FOR A HEARING TO DETERMINE CUSTODY CLARIFIED; HERE SUPREME COURT SHOULD NOT HAVE RULED ON CUSTODY WITHOUT A HEARING)

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