You are here: / / CRITERIA FOR REVEIW OF A CUSTODY DETERMINATION CONCISELY EXPLAINED.
,

CRITERIA FOR REVEIW OF A CUSTODY DETERMINATION CONCISELY EXPLAINED.

The Second Department, upholding Family Court’s custody determination, offered a concise description of the analytical criteria:

There is “no prima facie right to the custody of the child in either parent” … . The essential consideration in making an award of custody is the best interests of the children … , which are determined by a review of the totality of the circumstances … . In making a determination as to what custody arrangement is in the children’s best interests, the court should consider the quality of the home environment and the parental guidance the custodial parent provides for the children, the ability of each parent to provide for the children’s emotional and intellectual development, the financial status and ability of each parent to provide for the children, the relative fitness of the respective parents, and the effect an award of custody to one parent might have on the children’s relationship with the other parent … . The court should also consider the children’s wishes, weighed in light of their ages and maturity … . “As a custody determination depends to a great extent upon an assessment of the character and credibility of the parties and witnesses, the findings of the Family Court will not be disturbed unless they lack a sound and substantial basis in the record” … . Matter of Schultheis v Schultheis, 2016 NY Slip Op 05648, 2nd Dept 7-27-16

FAMILY LAW (CRITERIA FOR REVIEW OF A CUSTODY DETERMINATION CONCISELY EXPLAINED)/CUSTODY (CRITERIA FOR RREVEIW OF A CUSTODY DETERMINATION CONCISELY EXPLAINED)/APPPEALS (FAMILY LAW, CRITERIA FOR REVIEW OF A CUSTODY DETERMINATION CONCISELY EXPLAINED)

You might also like
PETITION TO STAY ARBITRATION IN THIS UNDERINSURED MOTORIST PROCEEDING WAS SERVED AFTER THE 20-DAY STATUTORY PERIOD FOR SERVICE AND WAS NOT SERVED IN THE MANNER REQUIRED BY THE STATUTE (CPLR 7503(c)); THEREFORE THE APPLICATION TO STAY ARBITRATION WAS JURISDICTIONALLY DEFECTIVE (SECOND DEPT).
ALTHOUGH THERE WAS ADMISSIBLE EVIDENCE OF DOMESTIC VIOLENCE BY FATHER, THERE WAS NO ADMISSIBLE EVIDENCE THE CHILD WAS PRESENT; NEGLECT FINDING REVERSED (SECOND DEPT).
IN THIS FORECLOSURE ACTION THE DEATH OF THE MORTGAGOR/PROPERTY OWNER DID NOT TRIGGER AN AUTOMATIC STAY BECAUSE THE MORTGAGOR/PROPERTY OWNER DIED INTESTATE AND THE ACTION COULD CONTINUE AGAINST THE DISTRIBUTEES WITHOUT THE APPOINTMENT OF A REPRESENTATIVE (SECOND DEPT).
No Basis in Record for Denying Noncustodial Parent Visitation
General Contractor’s Liability for Ice and Snow at Work Site/Criteria for Indemnification of General Contractor
RESTITUTION PAYABLE TO THE CRIME VICTIMS BOARD EXCEEDED THE STATUTORY CAP FOR A FELONY (SECOND DEPT).
“Filed Rate Doctrine” Precluded Lawsuit Alleging Unreasonable Premium
THE FOLD-DOWN LADDER WHICH WAS PERMANENTLY ATTACHED TO THE CEILING WAS THE FUNCTIONAL EQUIVALENT OF A LADDER FOR GAINING ACCESS TO THE ATTIC; PLAINTIFF FELL WHEN THE LADDER DETACHED FROM THE CEILING; PLAINTIFF IS ENTITLED TO SUMMARY JUDGMENT ON THE LABOR LAW 240(1) AND 241(6) CAUSES OF ACTION (SECOND DEPT). ​

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

RELIANCE ON A JURISDICTIONAL THEORY AT TRIAL WHICH DIFFERED FROM THE JURISDICTION... SAFETY CONSULTANT DID NOT EXERCISE SUFFICIENT CONTROL OVER WORKSITE TO BE LIABLE...