Richard D. v. Wendy P.
Cases that cite this one
26 later published cases cite this decision. The 25 that cite it most often are listed here.
- Matter of Abel A. v. Imanda M. (Appellate Division of the Supreme Court of New York 2018)
- Jean v. Jean (Appellate Division of the Supreme Court of New York 2009)
- Desroches v. Desroches (Appellate Division of the Supreme Court of New York 2008)
- Matter of Santana v. Barnes (Appellate Division of the Supreme Court of New York 2022)
- Matter of Deserie D.G. v. Jonathan C. (Appellate Division of the Supreme Court of New York 2020)
- Phillips v. Phillips (Appellate Division of the Supreme Court of New York 2017)
- Sendor v. Sendor (Appellate Division of the Supreme Court of New York 2012)
- Moore v. Moore (Appellate Division of the Supreme Court of New York 2012)
- Avolio v. Fontecchio (Appellate Division of the Supreme Court of New York 2011)
- Burdick v. Babcock (Appellate Division of the Supreme Court of New York 2009)
- A.C. v. D.R. (Appellate Division of the Supreme Court of New York 2007)
- DiVittorio v. DiVittorio (Appellate Division of the Supreme Court of New York 2007)
- In re the Custody of Luis (NYC Family Court 2007)
- Matter of Victor M. v. Nicole W. (Kings Family Court 2007)
- Darlene L.-B. v. Claudio B. (Appellate Division of the Supreme Court of New York 2006)
- Weis v. Rivera (Appellate Division of the Supreme Court of New York 2006)
- Jackson v. Jackson (Appellate Division of the Supreme Court of New York 2006)
- Riccio v. Riccio (Appellate Division of the Supreme Court of New York 2005)
- Smith v. DiFusco (Appellate Division of the Supreme Court of New York 2001)
- Bragar v. Bragar (Appellate Division of the Supreme Court of New York 1998)
- Farnham v. Farnham (Appellate Division of the Supreme Court of New York 1998)
- Walker v. Tallman (Appellate Division of the Supreme Court of New York 1998)
- Cinquemani v. Guarino (Appellate Division of the Supreme Court of New York 1997)
- Lee v. Halayko (Appellate Division of the Supreme Court of New York 1992)
- Pero v. Musolino (Appellate Division of the Supreme Court of New York 1991)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, without costs.
The Family Court, after hearing testimony from both parents and other witnesses and considering psychological reports submitted by a forensic team appointed by the court, concluded that it would be in the child’s best interests for custody to be awarded to the child’s father. On the record we find no basis for setting aside that determination.
The question as to whether additional inquiry by other experts would be helpful was essentially a matter within the discretion of the court and in this case it cannot be said that this discretion was not properly exercised. Nor did the court err in failing to appoint a Law Guardian sua sponte. There is no requirement that the court invariably appoint a Law Guardian for the child in every case where parents who are *945 unmarried, divorced or separated, seek a judicial determination of child custody and there is no indication that the child’s interests were prejudiced in any way.
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer concur in memorandum; Judge Fuchs-berg taking no part.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.