Wodka v. Wodka
Opinion of the Court
— Order unanimously reversed on the law with costs and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: It was an abuse of discretion for the court to award permanent custody of the parties’ child to the father without conducting a factual hearing to determine the fundamental issue of the best interests of the child (Ideman v Ideman, 168 AD2d 1001 [decided herewith]; Mosesku v Mosesku, 108 AD2d 795; Matter of Blake v Blake, 106 AD2d 916). We find no merit to the father’s contention that the court’s summary resolution of the custody issue was proper because the mother willfully refused to obey a court order to return to New York following her relocation with the child to Oregon.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.