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Matter of Tammy v. Kevin

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 1008 (N.Y. App. Div. 1995)

Opinion

July 14, 1995

Appeal from the Jefferson County Family Court, Schwerzmann, J.

Present — Pine, J.P., Fallon, Callahan, Balio and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: We decline to disturb Family Court's award of custody of the parties' son to respondent, with liberal visitation to petitioner. The court acknowledged that neither party is unfit and weighed the appropriate factors bearing on the best interests of the child ( see, Friederwitzer v. Friederwitzer, 55 N.Y.2d 89; Matter of Blake v. Blake, 106 A.D.2d 916). There is no merit to the contention that the award of custody to respondent is against public policy. The court properly considered the existence of respondent's second child and petitioner's prior alcohol abuse as factors affecting the best interests of the child. "The weighing of the various factors bearing on the best interests of the children requires an evaluation of the character of the parties and can be best made by the trial court, which is the best judge of that subjective factor" ( Matter of Scott v. Scott, 193 A.D.2d 1103, 1104, citing Eschbach v. Eschbach, 56 N.Y.2d 167, 173).


Summaries of

Matter of Tammy v. Kevin

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 1008 (N.Y. App. Div. 1995)
Case details for

Matter of Tammy v. Kevin

Case Details

Full title:In the Matter of TAMMY G., Appellant, v. KEVIN G., Respondent

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

Date published: Jul 14, 1995

Citations

217 A.D.2d 1008 (N.Y. App. Div. 1995)
631 N.Y.S.2d 273

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