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Del Mel v. Aldana

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 1990
159 A.D.2d 349 (N.Y. App. Div. 1990)

Opinion

March 20, 1990

Appeal from the Family Court, New York County (Judith Sheindlin, J.).


The standard to be applied in child custody proceedings is the best interests of the child when all the applicable factors are considered. (Friederwitzer v Friederwitzer, 55 N.Y.2d 89, 95.) When the mental health of one of the parents is in issue, the court will direct independent psychiatric testing. (Giraldo v Giraldo, 85 A.D.2d 164.) The question of custody is within the discretion of the hearing court and will not lightly be overturned because the hearing court has had the opportunity to observe all the witnesses and weigh all the evidence. (Eschbach v Eschbach, 56 N.Y.2d 167, 173.)

It was not an abuse of discretion for the court to credit the wife's expert, Dr. Koch, who has known her for eight years, instead of the psychiatrist from the Family Court Mental Health Services Clinic. Nor is there merit to the father's argument that Dr. Koch's evaluation should be discounted because he did not do a comparative evaluation of both parents, when the father refused to submit himself to such an evaluation. (See, Alan G. v Joan G., 104 A.D.2d 147.)

Concur — Carro, J.P., Kassal, Ellerin, Wallach and Rubin, JJ.


Summaries of

Del Mel v. Aldana

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 1990
159 A.D.2d 349 (N.Y. App. Div. 1990)
Case details for

Del Mel v. Aldana

Case Details

Full title:In the Matter of ERNEST DE MEL, Appellant, v. LIBRADA ALDANA, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 20, 1990

Citations

159 A.D.2d 349 (N.Y. App. Div. 1990)
552 N.Y.S.2d 627

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