Aberbach v. Aberbach
Cases that cite this one
31 later published cases cite this decision. The 25 that cite it most often are listed here.
- Alan G. v. Joan G. (Appellate Division of the Supreme Court of New York 1984)
- Poppe v. Ruocco (NYC Family Court 2008)
- Gonzalez v. Gonzalez (Appellate Division of the Supreme Court of New York 2005)
- Timosa v. Chase (Appellate Division of the Supreme Court of New York 2005)
- Wilson v. McGlinchey (N.Y. 2004)
- Fisk v. Fisk (Appellate Division of the Supreme Court of New York 2000)
- McNerney v. McNerney (Appellate Division of the Supreme Court of New York 1997)
- DeJesus v. DeJesus (Appellate Division of the Supreme Court of New York 1994)
- Fox v. Fox (Appellate Division of the Supreme Court of New York 1992)
- Wolfer v. Wolfer (Appellate Division of the Supreme Court of New York 1992)
- Ladizhensky v. Ladizhensky (Appellate Division of the Supreme Court of New York 1992)
- Klat v. Klat (Appellate Division of the Supreme Court of New York 1991)
- Florence B. v. Carol M. (NYC Family Court 1991)
- Keating v. Keating (Appellate Division of the Supreme Court of New York 1989)
- Schwartz v. Schwartz (Appellate Division of the Supreme Court of New York 1988)
- Eschbach v. Eschbach (N.Y. 1982)
- Weiss v. Weiss (N.Y. 1981)
- Fountain v. Fountain (Appellate Division of the Supreme Court of New York 1981)
- Perlstein v. Perlstein (Appellate Division of the Supreme Court of New York 1980)
- Shepard v. Shepard (Appellate Division of the Supreme Court of New York 1980)
- Strahl v. Strahl (Appellate Division of the Supreme Court of New York 1979)
- D'Alessandro v. Parisi (Appellate Division of the Supreme Court of New York 1978)
- Wilder v. Wilder (New York Supreme Court 1978)
- Goho v. Goho (Appellate Division of the Supreme Court of New York 1977)
- People ex rel. Selbert v. Selbert (Appellate Division of the Supreme Court of New York 1977)
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
The order of the Appellate Division should be affirmed, without costs and without prejudice to reopening the proceeding or to bringing another proceeding based upon the change in circumstances since the determination at Special Term. The parties consented to referral to the family counseling unit for a confidential report to the court. With consent, Special Term properly relied in part on the confidential reports in awarding custody of the children of the parties to the mother (see Kesseler v. Kesseler, 10 N Y 2d 445, 448-450, 454). Moreover, accepting the principle expressed in section 240 of the Domestic Relations Law, under the circumstances of this case, Special Term properly required the father to show that the mother was “ less fit ” as a parent before the court would change custody that she had retained for so long. The courts should be reluctant to transfer custody of young children who have been with their mother since birth, or to permit separate custody of siblings (see 15 N. Y. Jur., Domestic Relations, §§ 353, 354). Although there may have been unnecessary interference by the court with the presentation of evidence by counsel for the father, there was certainly no violation of due process,
Chief Judge Fuld and Judges Burke, Breitel, Jasen, G-abrieuli, Jones and Wachtler concur in memorandum.
Order affirmed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.