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IN THE MATTER OF MARTIN v. OFELIA

24 A.D.3d 305 (2005)

809 N.Y.S.2d 1

In the Matter of MARTIN R.G., Respondent, v. OFELIA G.O., Appellant.

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

December 22, 2005.

As the father effectively concedes in not opposing the mother's appeal from the order temporarily transferring custody of the child to the father, Family Court erred in so transferring custody without holding a hearing on the best interests of the child.

We take this opportunity to note, in applying the settled doctrine that custody awards must be based on the best interests of the child, that a hearing is generally required before a judge may award a temporary change...

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