MTR BOYLES v. BOYLES


95 A.D.2d 95 (1983)

In the Matter of Richard C. Boyles, Jr., Appellant, v. Alma Boyles, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 28, 1983


Attorney(s) appearing for the Case

Carl J. Silverstein for appellant.

Stephen L. Oppenheim for respondent.

SWEENEY, J. P., KANE, YESAWICH, JR., and WEISS, JJ., concur.


CASEY, J.

In view of the facts and circumstances of this case, we conclude that, although the child custody dispute herein is between a parent and a nonparent, Family Court erred in awarding custody to the parent without considering the best interests of the child.

The parties were first married in 1974 and they subsequently moved to Hawaii, where petitioner was stationed in the Army. They were divorced November 25, 1977 and they remarried February...

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