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Matter of Kilstein v. MacDowell

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1996
226 A.D.2d 727 (N.Y. App. Div. 1996)

Opinion

April 29, 1996

Appeal from the Family Court, Richmond County (Clark, J.).


Ordered that the order is affirmed, without costs or disbursements.

The court's primary concern in making a determination regarding custody or visitation is the best interests of the child ( Eschbach v. Eschbach, 56 N.Y.2d 167; Matter of Newton v. Newton, 210 A.D.2d 337; Koppenhoefer v. Koppenhoefer, 159 A.D.2d 113). To formulate a sound basis for its action, the court should seek the expertise of other professionals and ascertain the wishes of the children, particularly where they are of a sufficient age to articulate their needs and preferences to the court (Koppenhoefer v. Koppenhoefer, supra).

Here, the court appropriately considered the parties' and the experts' testimony, the child's preferences expressed in an in camera interview, and the Law Guardian's recommendation. The Family Court's determination was supported by the record and we find no basis to disturb it.

We have examined the father's other contention and find it to be without merit. Rosenblatt, J.P., Miller, O'Brien and McGinity, JJ., concur.


Summaries of

Matter of Kilstein v. MacDowell

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1996
226 A.D.2d 727 (N.Y. App. Div. 1996)
Case details for

Matter of Kilstein v. MacDowell

Case Details

Full title:In the Matter of MATTHEW KILSTEIN, Appellant, v. JANET MacDOWELL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 29, 1996

Citations

226 A.D.2d 727 (N.Y. App. Div. 1996)
642 N.Y.S.2d 531

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