Opinion
2001-07253
Submitted June 18, 2002
August 19, 2002.
In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (Balter, J.), dated July 26, 2001, which awarded custody of the child to the father.
Robert E. Nicholson, Brooklyn, N.Y., for appellant.
Carol Sherman, Brooklyn, N.Y. (Barbara H. Dildine of counsel), Law Guardian for the child.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, without costs or disbursements, and the matter is remitted to the Family Court, Kings County, for further proceedings consistent herewith.
The Family Court improvidently exercised its discretion in awarding custody of the child to the father without conducting a factual hearing to determine the fundamental issue of the best interests of the child (see Matter of Bowen v. Roberts, 292 A.D.2d 380; Matter of Klang v. Klang, 235 A.D.2d 476).
RITTER, J.P., FEUERSTEIN, ADAMS and RIVERA, JJ., concur.