Cardozo v. Defreitas
Opinion of the Court
There is “no prima facie right to the custody of the child in either parent” (Domestic Relations Law § 70 [a]; § 240 [1] [a]; see Friederwitzer v Friederwitzer, 55 NY2d 89 [1982]; Matter of Riccio v Riccio, 21 AD3d 1107 [2005]). The essential consideration in making an award of custody is the best interests of the child (see Friederwitzer v Friederwitzer, 55 NY2d at 94; Matter
Inasmuch as the mother was supportive of visitation, both parties are loving parents, the mother is available to care for the subject child and is able to provide for the child’s emotional and intellectual development, and the mother has been the child’s primary caregiver since the child’s birth, the Family Court properly awarded residential custody of the child to the mother (see Matter of Ocampo v Jimenez, 27 AD3d 753, 754 [2006]; Cohen v Merems, 2 AD3d 663, 664 [2003]). Rivera, J.E, Florio, Leventhal and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.