Opinion
February 11, 1971
Appeal from a judgment of Family Court, Warren County, entered December 22, 1970, which denied a writ of habeas corpus. Respondent and petitioner are husband and wife and the parents of the infant whose custody is sought in this proceeding which was initiated in Supreme Court and transferred to Family Court for a hearing and determination. After a hearing, the court determined that the child would be better off with respondent and awarded him custody with visitation rights to petitioner. The record reflects that petitioner had been frequenting bars, admitted to adultery on two occasions, and was pregnant by another man. The court found that petitioner is a person of poor moral character and that the conditions under which she would be living would be disturbing. While respondent's work record is poor, he was working at the time for the State of New York and financially able to care for his family. On this record we conclude there is sufficient evidence to sustain the Family Court's determination. Judgment affirmed, without costs. Herlihy, P.J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur.