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Walker v. Walker

Appellate Division of the Supreme Court of New York, Second Department
May 17, 1993
193 A.D.2d 729 (N.Y. App. Div. 1993)

Opinion

May 17, 1993

Appeal from the Supreme Court, Suffolk County (Dunn, J.).


Ordered that the order is affirmed, with costs.

The primary concern in a custody determination is the best interests of the children. The evaluation of the factors which enter into a custody determination is best made by the hearing court, which has had the opportunity to assess the evidence and credibility of the parties (see, Domestic Relations Law § 70; Eschbach v Eschbach, 56 N.Y.2d 167, 171; Friederwitzer v Friederwitzer, 55 N.Y.2d 89, 93-95; Trach v Trach, 162 A.D.2d 678; Mary M. v Albert M., 154 A.D.2d 354; Robinson v Robinson, 111 A.D.2d 316).

We find that the Supreme Court's determination awarding temporary custody to the plaintiff mother, while allowing the defendant father liberal visitation rights, was amply supported by the record and did not constitute an improvident exercise of discretion. Miller, J.P., O'Brien, Copertino and Joy, JJ., concur.


Summaries of

Walker v. Walker

Appellate Division of the Supreme Court of New York, Second Department
May 17, 1993
193 A.D.2d 729 (N.Y. App. Div. 1993)
Case details for

Walker v. Walker

Case Details

Full title:SANDRA C. WALKER, Respondent, v. STEPHEN J. WALKER, Appellant

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

Date published: May 17, 1993

Citations

193 A.D.2d 729 (N.Y. App. Div. 1993)
597 N.Y.S.2d 711