Demeter v. Alayon
Cases that cite this one
6 later published cases cite this decision.
- Matter of Trentacoste v. Alward (Appellate Division of the Supreme Court of New York 2024)
- Assad v. Assad (Appellate Division of the Supreme Court of New York 2021)
- Matter of Follini v. Currie (Appellate Division of the Supreme Court of New York 2019)
- Suarez v. Williams (NYC Family Court 2013)
- SAPERSTON, WILLARD v. HOLDAWAY, HEATHER (Appellate Division of the Supreme Court of New York 2012)
- Saperston v. Holdaway (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In adjudicating custody issues, the paramount concern is the best interests of the child (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Matter of Perez v Martinez, 52 AD3d 518, 519 [2008]; Matter of Brass v Otero, 40 AD3d 752 [2007]). Since the Family Court’s determination in a custody dispute is based upon a first-hand assessment of the parties, as well as their credibility, character, and temperament, and the Family Court’s credibility determinations are to be accorded great weight on appeal, such a determination should not be disturbed unless it lacks a sound and substantial basis in the record (see Eschbach v Eschbach, 56 NY2d at 173; Matter of Perez v Martinez, 52 AD3d 518 [2008]; Matter of Brass v Otero, 40 AD3d 752 [2007]).
The Family Court did not improvidently exercise its discretion when it conditioned joint residential custody on the mother’s relocation to New Jersey, where the father resides. Since the child has begun school, the parents must live close to each other in order to equally share parenting time. Skelos, J.E, Belen, Lott and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.