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MELANCON v. MELANCON

204 A.D.2d 1061 (1994)

613 N.Y.S.2d 65

Debra Melancon, Appellant, v. Kirk Melancon, Respondent

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

May 27, 1994

Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in determining that the primary residence of the children should be with defendant pendente lite. It is axiomatic that a custody determination must be based upon the best interests of the children (see, Domestic Relations...

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