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Thomas Q. v. Cheryl I. S.

242 A.D.2d 916, 665 N.Y.S.2d 370, 1997 N.Y. App. Div. LEXIS 10481
CourtAppellate Division of the Supreme Court of the State of New York
DecidedSeptember 30, 1997
StatusPublished

This text of 242 A.D.2d 916 (Thomas Q. v. Cheryl I. S.) 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
Thomas Q. v. Cheryl I. S., 242 A.D.2d 916, 665 N.Y.S.2d 370, 1997 N.Y. App. Div. LEXIS 10481 (N.Y. Ct. App. 1997).

Opinion

Order unanimously affirmed without costs. Memorandum: Family Court properly awarded custody of the parties’ two children to petitioner father and directed supervised visitation with respondent mother. The court directed the change of custody from respondent to petitioner following its determination in a related neglect proceeding that respondent had neglected her children (Matter of Nicole Q., 242 AD2d 915 [decided herewith]).

Between biological parents, a change of custody is determined based upon the best interests of the children (see, Friederwitzer v Friederwitzer, 55 NY2d 89). Here, the court’s decision has a “sound and substantial basis in the record” (Matter of Van Dyck v Van Dyck, 97 AD2d 909). (Appeal from Order of Erie County Family Court, Rosa, J.—Custody.) Present—Pine, J. P., Lawton, Hayes, Callahan and Boehm, JJ.

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Related

Friederwitzer v. Friederwitzer
432 N.E.2d 765 (New York Court of Appeals, 1982)
Van Dyck v. Van Dyck
97 A.D.2d 909 (Appellate Division of the Supreme Court of New York, 1983)
In re Nicole Q.
242 A.D.2d 915 (Appellate Division of the Supreme Court of New York, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
242 A.D.2d 916, 665 N.Y.S.2d 370, 1997 N.Y. App. Div. LEXIS 10481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-q-v-cheryl-i-s-nyappdiv-1997.