IN THE MATTER OF JOSEPH S. v. MICHELLE R.F.


3 A.D.3d 446 (2004)

770 N.Y.S.2d 722

In the Matter of JOSEPH S. et al., Respondents, v. MICHELLE R.F., Appellant.

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

January 27, 2004.


After having found that there existed sufficient evidence of exceptional circumstances due to the mother's inadequate guardianship and supervision, the court properly considered the child's best interests in the context of this custody proceeding (Matter of Bennett v Jeffreys, 40 N.Y.2d 543 [1976]). The Family Court's ruling that the best interests of the child dictated award of custody to petitioners, who have provided a loving...

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