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IN RE DAVID
Appellate Division of the Supreme Court of New York, First Department.
Jun 26, 2008
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"It is well established that in reviewing relocation and other custody issues, deference is to be accorded to the determination rendered by the factfinder, unless it lacks a sound and substantial basis in the record" ( Yolanda R. v Eugene I. G., 38 AD3d 288, 289). Here, the record shows that in considering the custody and relocation issues, the court properly considered the "best interests" of the children ( see Eschbach v Eschbach, 56 NY2d 167, 171; Matter of Tropea v Tropea, 87 NY2d 727, 739-741), and a preponderance of the evidence supports the court's award of custody to respondent mother, including permitting her to remain in Florida with the children.
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