Melvina H. v. James Lee W.

Appellate Division of the Supreme Court of New York

Melvina H. v. James Lee W.

269 A.D.2d 186, 702 N.Y.S.2d 79, 2000 N.Y. App. Div. LEXIS 1161

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

DecidedFebruary 8, 2000

StatusPublished

This text of 269 A.D.2d 186 (Melvina H. v. James Lee W.) 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

Melvina H. v. James Lee W., 269 A.D.2d 186, 702 N.Y.S.2d 79, 2000 N.Y. App. Div. LEXIS 1161 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Order, Family Court, Bronx County (Marjorie Fields, J.), entered on or about January 27, 1998, granting petitioner mother’s application for custody of the subject child, unanimously affirmed, without costs.

Since Family Court has presided over this matter since the birth of the child, Martha W., in 1991, and is thoroughly familiar with the child, the parents and the circumstances, and since the court has, during the litigation of the matter, had ample opportunity to observe the demeanor of the witnesses, the court’s findings are entitled to deference (see, Louise E.S. v W. Stephen S., 64 NY2d 946; Eschbach v Eschbach, 56 NY2d 167). The record shows that petitioner has made substantial progress in overcoming her drug addiction and is able to provide a stable, safe and comfortable home for the child, and the child has expressed a preference for residing with her mother while continuing visits with her father. Respondent father, on the other hand, has failed to address his abuse of alcohol and has failed to maintain employment for longer than one year. Under these circumstances, the best interests of the child (see, Eschbach v Eschbach, supra) are served by having custody placed with the mother. Concur — Sullivan, J. P., Nardelli, Tom, Lerner and Andrias, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Family Court, Bronx County (Marjorie Fields, J.), entered on or about January 27, 1998, granting petitioner mother’s application for custody of the subject child, unanimously affirmed, without costs.

Since Family Court has presided over this matter since the birth of the child, Martha W., in 1991, and is thoroughly familiar with the child, the parents and the circumstances, and since the court has, during the litigation of the matter, had ample opportunity to observe the demeanor of the witnesses, the court’s findings are entitled to deference (see, Louise E.S. v W. Stephen S., 64 NY2d 946; Eschbach v Eschbach, 56 NY2d 167). The record shows that petitioner has made substantial progress in overcoming her drug addiction and is able to provide a stable, safe and comfortable home for the child, and the child has expressed a preference for residing with her mother while continuing visits with her father. Respondent father, on the other hand, has failed to address his abuse of alcohol and has failed to maintain employment for longer than one year. Under these circumstances, the best interests of the child (see, Eschbach v Eschbach, supra) are served by having custody placed with the mother. Concur — Sullivan, J. P., Nardelli, Tom, Lerner and Andrias, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

269 A.D.2d 186, 702 N.Y.S.2d 79, 2000 N.Y. App. Div. LEXIS 1161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melvina-h-v-james-lee-w-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack