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Matter of Hopkins v. Wilkerson

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1998
255 A.D.2d 319 (N.Y. App. Div. 1998)

Opinion

November 2, 1998

Appeal from the Family Court, Westchester County (Braslow, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

The record in this case provides a sound and substantial basis for the Family Court's determination ( see, Eschbach v. Eschbach, 56 N.Y.2d 167; Friederwitzer v. Friederwitzer, 55 N.Y.2d 89). Although both parties appear to be capable and loving parents, under the circumstances of this case it is in the best interests of this child for the mother to have sole custody in Pennsylvania ( see, Matter of Tropea v. Tropea, 87 N.Y.2d 727; Eschbach v. Eschbach, supra; Friederwitzer v. Friederwitzer, supra).

The court was not required to follow the recommendations of the court-appointed experts and the Law Guardian ( see, Forzano v. Scuderi, 224 A.D.2d 385; Alanna M. v. Duncan M., 204 A.D.2d 409). Notably, both experts found the mother to be a fit parent. The expert opinions in this case were not arbitrarily disregarded ( see, Young v. Young, 212 A.D.2d 114). Rather, the court fully explained its reasons for rejecting the recommendations and its reasoning is supported by the record.

Sullivan, J. P., Altman, Krausman and Florio, JJ., concur.


Summaries of

Matter of Hopkins v. Wilkerson

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1998
255 A.D.2d 319 (N.Y. App. Div. 1998)
Case details for

Matter of Hopkins v. Wilkerson

Case Details

Full title:In the Matter of TIMOTHY HOPKINS, Appellant, v. MONICA WILKERSON…

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

Date published: Nov 2, 1998

Citations

255 A.D.2d 319 (N.Y. App. Div. 1998)
679 N.Y.S.2d 412

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