BUTTON, CHRISTAL L., ALLEN, RICHARD J. v

Appellate Division of the Supreme Court of New York

BUTTON, CHRISTAL L., ALLEN, RICHARD J. v

109 A.D.3d 1158, 971 N.Y.S.2d 718

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 27, 2013

DocketCAF 12-00627

StatusPublished

This text of 109 A.D.3d 1158 (BUTTON, CHRISTAL L., ALLEN, RICHARD J. v) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

BUTTON, CHRISTAL L., ALLEN, RICHARD J. v, 109 A.D.3d 1158, 971 N.Y.S.2d 718 (N.Y. Ct. App. 2013).

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Opinion

Appeal from an order of the Family Court, Steuben County (Timothy K. Mattison, J.H.O.), entered March 27, 2012 in a proceeding pursuant to Family Court Act article 6. The order awarded the parties joint custody, awarded primary physical custody of two children to Richard J. Allen and awarded primary physical custody of one child to Christal L. Button.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner-respondent mother appeals from an order that, inter alia, awarded the parties joint legal custody of the children, awarded primary physical custody of the parties’ sons to respondent-petitioner father and awarded primary physical custody of the parties’ daughter to the mother. On appeal, the mother contends that Family Court abused its discretion in awarding primary physical custody of the parties’ sons to the father because splitting physical placement of the children is not in their best interests. We reject that contention. The court’s custody determination following a hearing is entitled to great deference (see Eschbach v Eschbach, 56 NY2d 167, 173-174 [1982]). We will not disturb the custody determination here inasmuch as the court made extensive factual findings that are supported by the record and “that warrant the conclusion that the needs of each of the children will best be met by the court’s disposition” (Matter of Roulo v Roulo, 201 AD2d 937, 937-938 [1994]). Present — Scudder, EJ., Centra, Lindley and Whalen, JJ.

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Appeal from an order of the Family Court, Steuben County (Timothy K. Mattison, J.H.O.), entered March 27, 2012 in a proceeding pursuant to Family Court Act article 6. The order awarded the parties joint custody, awarded primary physical custody of two children to Richard J. Allen and awarded primary physical custody of one child to Christal L. Button.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner-respondent mother appeals from an order that, inter alia, awarded the parties joint legal custody of the children, awarded primary physical custody of the parties’ sons to respondent-petitioner father and awarded primary physical custody of the parties’ daughter to the mother. On appeal, the mother contends that Family Court abused its discretion in awarding primary physical custody of the parties’ sons to the father because splitting physical placement of the children is not in their best interests. We reject that contention. The court’s custody determination following a hearing is entitled to great deference (see Eschbach v Eschbach, 56 NY2d 167, 173-174 [1982]). We will not disturb the custody determination here inasmuch as the court made extensive factual findings that are supported by the record and “that warrant the conclusion that the needs of each of the children will best be met by the court’s disposition” (Matter of Roulo v Roulo, 201 AD2d 937, 937-938 [1994]). Present — Scudder, EJ., Centra, Lindley and Whalen, JJ.

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Bluebook (online)

109 A.D.3d 1158, 971 N.Y.S.2d 718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/button-christal-l-allen-richard-j-v-nyappdiv-2013.

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