MATTER OF DD. v. EE.


120 A.D.2d 889 (1986)

In the Matter of Elmer DD., Appellant, v. Judy EE., Respondent

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

May 29, 1986


Casey, J.

It is apparent from Family Court's decision that, contrary to petitioner's claim, the court did not rely upon a prima facie right of custody in awarding custody to the mother. Rather, the court found "[t]hat, based upon the totality of circumstances and the child's best interests, the respondent is more fit than the petitioner to serve as the child's custodial parent on a permanent basis". Nor do we agree with petitioner's contention that Family...

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