Louise E. S. v. W. Stephen S.
Louise E. S. v. W. Stephen S.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, without costs.
The authority of the Appellate Division in matters of custody is as broad as that of the Trial Judge (see, Kobylack v Kobylack, 62 NY2d 399; Majauskas v Majauskas, 61 NY2d 481). When the Appellate Division reverses a custody award made by Special Term, our function is, therefore, to decide, taking into consideration the various factors on which custody awards depend, which determination of the courts below comports more nearly with the weight of the evidence (Eschbach v Eschbach, 56 NY2d 167, 174; cf. Matter of Ray A.M., 37 NY2d 619, 622-623).
In that evaluation respect is to be accorded the Trial Judge’s advantage, not available to appellate Judges, in being able to observe the demeanor of the witnesses (id.; Boyd v Boyd, 252 NY 422), as well as the desire of the child whose custody is in issue (Eschbach v Eschbach, 56 NY2d, at p 173, supra), but neither is determinative (id.). Stability is likewise an important consideration but the disruption of change is not necessarily conclusive (Friederwitzer v Friederwitzer, 55 NY2d 89, 94). Primary among the circumstances to be considered in determining the best interests of the child are the ability to provide for the child’s emotional and intellectual development, the quality of the home environment and the parental guidance provided (Eschbach v Eschbach, 56 NY2d, at p 172, supra).
Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur.
Order affirmed, without costs; in a memorandum.
Reference
- Full Case Name
- In the Matter of Louise E. S. v. W. Stephen S.
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- Published