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MATTER OF WISSINK v. WISSINK

301 A.D.2d 36 (2002)

749 N.Y.S.2d 550

In the Matter of DAVID WISSINK, Respondent, v. JANE WISSINK, Appellant.

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

November 4, 2002.

Attorney(s) appearing for the Case

Laurie T. McDermott, Sugar Loaf, for appellant.

Mark Diamond, New York City, Law Guardian for infant.

FLORIO, J.P., McGINITY and ADAMS, JJ., concur.

OPINION OF THE COURT

S. MILLER, J.

This appeal presents a vexing custody dispute over a teenaged girl who has expressed a clear preference to live with her father. While both parents are seemingly fit custodians, the father has a history of domestic violence directed at the mother; yet he has never posed a direct threat to the child. Because of this circumstance, we hold that the Family Court erred in awarding custody to the father without first ordering...

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