X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

9034. IN RE DAVID C., pet-res, v. LANIECE J., res-res — The Reiniger Law Firm, New York (Douglas H. Reiniger of counsel), for ap — DANIEL R. KATZ, NEW YORK, RESPONDENT PRO SE. TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (JUDITH STERN OF COUNSEL), ATTORNEY FOR THE CHILD.—Order, Family Court, New York County (Christopher W. Coffey, Ref.), entered on or about December 2, 2011, which, in a proceeding brought pursuant to article 6 of the Family Court Act, granted the father’s petition for a final order of custody of the subject child, awarded respondent-mother an order of visitation, and dismissed her cross petition for custody, unanimously affirmed, without costs.

The court’s determination awarding custody of the subject child to the father has a sound and substantial basis in the record, and there is no reason to disturb the court’s findings (see Eschbach v. Eschbach, 56 NY2d 167, 173 [1982]; Matter of Koegler v. Woodard, 96 AD3d 454, 455 [1st Dept 2012], lv dismissed 19 NY3d 1013 [2012]). The court considered all of the relevant factors and properly concluded that, although the evidence demonstrated that both parents had a strong love for the child and either would be an adequate custodian, allowing the child to remain with the father would serve the child’s best interests (see Matter of Gregory L.B. v. Magdalena G., 68 AD3d 478, 479 [1st Dept 2009]). The father was better able to provide a stable environment for the child, since he had lived in the same apartment for many years, and had been the child’s primary caregiver, with whom she resided, for almost three years after her return from foster care (see Obey v. Degling, 37 NY2d 768, 770 [1975] ["[c]ustody of children should be established on a long-term basis, wherever possible”]). In contrast, the mother had moved into her boyfriend’s apartment in efforts to avoid homelessness, and the boyfriend had an extensive criminal history and indicated that the mother’s residence in his apartment was only until she got on her feet.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›