Khan v. Khan

3 Citing cases

  1. Vaysman v. Conroy

    165 A.D.3d 954 (N.Y. App. Div. 2018)   Cited 10 times

    The court's determination with respect to custody depends to a great extent upon its assessment of the credibility of the witnesses and upon the character, temperament, and sincerity of the parties. Given the court's opportunity to make firsthand assessments of these crucial considerations, we accord great deference to its credibility findings and will not disturb them unless they lack a sound and substantial basis in the record (see Matter of Khan v. Khan, 160 A.D.3d 960, 962, 75 N.Y.S.3d 86 ; Matter of Hargrove v. Langenau, 138 A.D.3d 846, 847, 30 N.Y.S.3d 166 ). Here, the Supreme Court properly considered the totality of the circumstances, and its determination to award sole legal and physical custody of the child to the father is supported by a sound and substantial basis in the record (seeEschbach v. Eschbach, 56 N.Y.2d at 171–172, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ; Kramer v. Griffith, 119 A.D.3d 655, 656, 990 N.Y.S.2d 69 ; Matter of Mitchell v. Mitchell, 113 A.D.3d 775, 776, 978 N.Y.S.2d 876 ).

  2. M.L. v. J.P.G.

    2020 N.Y. Slip Op. 50564 (N.Y. Fam. Ct. 2020)

    Upon finding that modification of a prevailing custody arrangement is necessary, the Court must examine the totality of the circumstances to determine what new arrangement would further the child's best interests, considering such relevant factors as "[t]he desirability of maintaining stability in the child's life, the relative quality of the respective home environments, the length of time the present custody arrangement has been in place, and each parent's past performance, relative fitness, ability to guide and provide for the child's well-being, and willingness to foster a relationship with the other parent". (Matter of Khan v. Khan, 160 AD3d 960, 962 [2d Dept. 2018]; Matter of Scheiner v. Henig, 155 AD3d 874, 875 [2d Dept. 2017], leave to appeal den., 31 NY3d 902 [2018]). The weighing of these various factors requires careful consideration and evaluation of all of the evidence in the record, including the testimony, character and sincerity of all the parties involved in this type of dispute.

  3. M.L. v. J.P.G.

    67 Misc. 3d 1216 (N.Y. Cnty. Ct. 2020)

    Upon finding that modification of a prevailing custody arrangement is necessary, the Court must examine the totality of the circumstances to determine what new arrangement would further the child's best interests, considering such relevant factors as "[t]he desirability of maintaining stability in the child's life, the relative quality of the respective home environments, the length of time the present custody arrangement has been in place, and each parent's past performance, relative fitness, ability to guide and provide for the child's well-being, and willingness to foster a relationship with the other parent". (Matter of Khan v. Khan , 160 AD3d 960, 962 [2d Dept. 2018] ; Matter of Scheiner v. Henig , 155 AD3d 874, 875 [2d Dept. 2017], leave to appeal den. , 31 NY3d 902 [2018] ). The weighing of these various factors requires careful consideration and evaluation of all of the evidence in the record, including the testimony, character and sincerity of all the parties involved in this type of dispute.