AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

In the Matter of GEORGE PALM, Respondent, v. JOSEPHINE PALM, Appellant.

Ordered that the order dated January 8, 2004, is affirmed insofar as appealed from; and it is further,

Ordered that the order dated January 16, 2004, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the father.

There is no basis for disturbing the Family Court's award of custody of the parties' children to the father. In adjudicating custody and visitation rights, the most important consideration for the court is the best interests of the children ( see Eschbach v. Eschbach, 56 NY2d 167, 172). In determining the best interests of the children, the court must review the "totality of circumstances" ( Friederwitzer v. Friederwitzer, 55 NY2d 89, 95-96). The court's determination depends to a great extent upon its assessment of the credibility of the witnesses and upon the character, temperament, and sincerity of the parents. In matters of this nature, the findings of the court must be accorded the greatest respect ( see Eschbach v. Eschbach, supra at 173). These findings should not be disturbed unless they lack a sound and substantial basis in the record ( see Kuncman v. Kuncman, 188 AD2d 517, 518). The Family Court in this case considered the appropriate factors in determining what was in the best interests of the children, and its decision to award custody to the father had a sound and substantial basis in the record.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF PALM v. PALM
(Feb 7, 2005)