Quinn v. Genovese

158 A.D.2d 602, 551 N.Y.S.2d 844, 1990 N.Y. App. Div. LEXIS 1960

Opinion

The hearing court did not improvidently exercise its discretion in denying the petitioner’s application for an order directing a psychiatric and psychological evaluation of the mother and her new husband since there was no showing that the evaluations ordered by the court were deficient (Family Ct Act § 251; Rosenblitt v Rosenblitt, 107 AD2d 292; cf., Giraldo v Giraldo, 85 AD2d 164).

The record supports the hearing court’s denial of the petitioner’s application for a change of custody since the totality of the circumstances fail to demonstrate that doing so would be in the best interests of the children (Eschbach v Eschbach, 56 NY2d 167; Friederwitzer v Friederwitzer, 55 NY2d 89; Matter of Schouten v Schouten, 155 AD2d 461).

We have considered the petitioner’s remaining contentions and find them to be without merit. Mangano, J. P., Bracken, Fiber and Harwood, JJ., concur.