Meyer v. Meyer

Appellate Division of the Supreme Court of New York

Meyer v. Meyer

297 A.D.2d 322, 746 N.Y.2d 263, 746 N.Y.S.2d 263, 2002 N.Y. App. Div. LEXIS 7918

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

DecidedAugust 12, 2002

StatusPublished

This text of 297 A.D.2d 322 (Meyer v. Meyer) 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

Meyer v. Meyer, 297 A.D.2d 322, 746 N.Y.2d 263, 746 N.Y.S.2d 263, 2002 N.Y. App. Div. LEXIS 7918 (N.Y. Ct. App. 2002).

Pincite

Opinion

In adjudicating issues regarding custody and visitation rights, the most important factor to be considered is the best interest of the children (see Eschbach v Eschbach, 56 NY2d 167). In determining the best interest of the children, the courts must view the “totality of [the] circumstances” (Friederwitzer v Friederwitzer, 55 NY2d 89, 95-96). The court’s determination is based to a great extent upon its assessment of the credibility of the witnesses and the character, temperament, and sincerity of the parents, and “the findings of the nisi prius court must be accorded the greatest respect” (Matter of Irene O., 38 NY2d 776, 777; see Eschbach v Eschbach, supra at 173).

The Family Court weighed the appropriate factors. The record clearly supports its determination as to custody, visitation, [323]*323and the granting of a protective order. Ritter, J.P., Feuerstein, Adams and Rivera, JJ., concur.

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In adjudicating issues regarding custody and visitation rights, the most important factor to be considered is the best interest of the children (see Eschbach v Eschbach, 56 NY2d 167). In determining the best interest of the children, the courts must view the “totality of [the] circumstances” (Friederwitzer v Friederwitzer, 55 NY2d 89, 95-96). The court’s determination is based to a great extent upon its assessment of the credibility of the witnesses and the character, temperament, and sincerity of the parents, and “the findings of the nisi prius court must be accorded the greatest respect” (Matter of Irene O., 38 NY2d 776, 777; see Eschbach v Eschbach, supra at 173).

The Family Court weighed the appropriate factors. The record clearly supports its determination as to custody, visitation, [323]*323and the granting of a protective order. Ritter, J.P., Feuerstein, Adams and Rivera, JJ., concur.

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Bluebook (online)

297 A.D.2d 322, 746 N.Y.2d 263, 746 N.Y.S.2d 263, 2002 N.Y. App. Div. LEXIS 7918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-v-meyer-nyappdiv-2002.

Opinion

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