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In the Matter of Hartsough v. Hartsough

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 349 (N.Y. App. Div. 2000)

Opinion

Submitted February 4, 2000

March 17, 2000

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Suffolk County (Friedenberg, J.H.O.), entered January 21, 1999, which, after a hearing, awarded the father custody of the parties' two children.

Karen D. McGuire, P.C., Huntington, N.Y., for appellant.

Winkler, Kurtz, Winkler Dolewski, LLP, Port Jefferson Station, N Y (Janet L. O'Hanlon of counsel), for respondent.

Michael E. Repole, Smithtown, N.Y., Law Guardian for the children.

WILLIAM C. THOMPSON, J.P., SONDRA MILLER, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Family Court properly determined that the father was better able than the mother to place the childrens' needs before his own and to foster an ongoing relationship between the children and the noncustodial parent (see, Maloney v. Maloney, 208 A.D.2d 603;Bostinto v. Bostinto, 207 A.D.2d 471).

Although the mother presented evidence of a loving relationship between herself and her children, the unequivocal recommendations of both the Law Guardian and the court-appointed psychologist support the Family Court's determination that the best interests of the children were served by a change in custody, with liberal visitation being afforded to the mother.

THOMPSON, J.P., S. MILLER, FLORIO, and SCHMIDT, JJ., concur.


Summaries of

In the Matter of Hartsough v. Hartsough

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 2000
270 A.D.2d 349 (N.Y. App. Div. 2000)
Case details for

In the Matter of Hartsough v. Hartsough

Case Details

Full title:IN THE MATTER OF DEBORAH HARTSOUGH, Appellant, v. GUY HARTSOUGH, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 17, 2000

Citations

270 A.D.2d 349 (N.Y. App. Div. 2000)
705 N.Y.S.2d 245

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