MATTER OF L. v. R.


190 A.D.2d 533 (1993)

In the Matter of Francisco L., Appellant, v. Miledys R., Respondent

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

February 4, 1993


Family Court's decision that the punishment inflicted on the child by respondent and her boyfriend was not excessive and does not constitute a subsequent change of circumstances justifying the transfer of custody (Family Ct Act § 467), is properly based on the demeanor and credibility of the witnesses, the recommendation of the Law Guardian, and the preference of the child, and otherwise properly took into account the "totality of circumstances" in determining that a...

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