Awan v. Awan, 63 A.D.3d 733 (N.Y. App. Div. 2d Dep't 2009). · Go Syfert
Awan v. Awan, 63 A.D.3d 733 (N.Y. App. Div. 2d Dep't 2009). Cases Citing This Book View Copy Cite
33 citation events (33 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2009 → 2026 · click a year to view as-of
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Cited for
At page 734 Determining custody and visitation based on child's best interests19 citing cases“in adjudicating custody and visitation rights, the most important factor to be considered is the best interests of the child”6 citing courts quote it · 14 listed here
  • Matter of Moses v. Williams, 138 A.D.3d 861 (N.Y. App. Div. 2d Dep't 2016).published
    The essential consideration in deciding a petition for child custody is the best interests of the child, under the totality of the circumstances (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Friederwitzer v Friederwitzer, 55 NY2d 89,…
  • Matter of Ivory B. v. Shameccka D. B., 121 A.D.3d 674 (N.Y. App. Div. 2d Dep't 2014).published
    The essential consideration in making an award of custody or visitation determination “is the best interests of the child, under the totality of the circumstances” (Matter of Boggio v Boggio, 96 AD3d 834, 835 [2012]; see Eschbach v Eschbac…
  • Matter of Goldhaber v. Rosen, 119 A.D.3d 862 (N.Y. App. Div. 2d Dep't 2014).published
    Similarly, an order of visitation may be modified only upon a showing that there has been a subsequent change of circumstances requiring such modification (see Family Ct Act § 467 [b] [ii]; Matter of Wilson v McGlinchey, 2 NY3d 375, 380-38…
  • Arroyo v. Agosta, 112 A.D.3d 920 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    Modification of an existing court-sanctioned custody or visitation arrangement is permissible only upon a showing that there has been a change in circumstances such that a modification is necessary to ensure the continued best interests an…
  • Orellana v. Orellana, 112 A.D.3d 720 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    The father failed to provide any evidence that the child would be in danger in El Salvador (cf. Matter of Awan v Awan, 63 AD3d 733, 734-735 [2009]).
  • Gooler v. Gooler, 107 A.D.3d 712 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    “The court’s paramount concern in any custody dispute is to determine, under the totality of the circumstances, what is in the best interests of the child” (Matter of Julie v Wills, 73 AD3d 777, 777 [2010]; see Eschbach v Eschbach, 56 NY2d…
  • Eddington v. McCabe, 98 A.D.3d 613 (N.Y. App. Div. 2d Dep't 2012).published 2 cites
    A custody or visitation order may be modified only “upon a showing that there has been a subsequent change of circumstances and modification is required” (Family Ct Act § 467 [b] [ii]; see Matter of Wilson v McGlinchey, 2 NY3d 375, 380-381…
  • In re Ciara B., 96 A.D.3d 833 (N.Y. App. Div. 2d Dep't 2012).published 2 cites
    “In adjudicating custody and visitation rights, the most important factor to be considered is the best interests of the child” (Matter of Awan v Awan, 63 AD3d 733, 734 [2009]; see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]).
  • Purse v. Crocker, 95 A.D.3d 1216 (N.Y. App. Div. 2d Dep't 2012).published
    In adjudicating custody and visitation rights, the most important factor to be considered is the best interests of the child (see Matter of Awan v Awan, 63 AD3d 733, 734 [2009], citing Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; see also…
  • Opray v. Fitzharris, 95 A.D.3d 1020 (N.Y. App. Div. 2d Dep't 2012).published
    “In adjudicating custody and visitation rights, the most important factor to be considered is the best interests of the child” (Matter of Awan v Awan, 63 AD3d 733, 734 [2009]; see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]).
Show 4 more citing cases
  • Bassuk v. Bassuk, 93 A.D.3d 664 (N.Y. App. Div. 2d Dep't 2012).published
    The paramount concern in adjudicating visitation rights is the best interests of the child (see Matter of Awan v Awan, 63 AD3d 733, 734 [2009], citing Eschbach v Eschbach, 56 NY2d 167, 171 [1982]).
  • O'Connell v. McDermott, 80 A.D.3d 701 (N.Y. App. Div. 2d Dep't 2011).published
    “In adjudicating custody and visitation rights, the most important factor to be considered is the best interests of the child” (Matter of Awan v Awan, 63 AD3d 733, 734 [2009]; see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]).
  • Sylvain v. Paul, 68 A.D.3d 883 (N.Y. App. Div. 2d Dep't 2009).published
    “In adjudicating custody and visitation rights, the most important factor to be considered is the best interests of the child” (Matter of Awan v Awan, 63 AD3d 733, 734 [2009]; Eschbach v Eschbach, 56 NY2d 167, 171 [1982]).
  • Chieco v. Finn, 68 A.D.3d 762 (N.Y. App. Div. 2d Dep't 2009).published
    In determining whether to modify a custody arrangement to which the parties voluntarily agreed, the principal issue before the court is whether a change in circumstances warrants a modification in the best interests of the child (see Matte…
At page 733 In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Suffolk County (Tarantino, Jr., J.), dated…1 citing caseopening of page *733 (no citing court says what it cites this page for)
  • Matter of Goldhaber v. Rosen, 119 A.D.3d 862 (N.Y. App. Div. 2d Dep't 2014).published
    Similarly, an order of visitation may be modified only upon a showing that there has been a subsequent change of circumstances requiring such modification (see Family Ct Act § 467 [b] [ii]; Matter of Wilson v McGlinchey, 2 NY3d 375, 380-38…
In the Matter of Paras Awan
v.
Aamir Awan
Appellate Division of the Supreme Court of the State of New York.
Jun 2, 2009.
Published opinion
63 A.D.3d 733
Cited by 25 opinions  |  Published

In a proceeding pursuant to Family Court Act article 6, the father appeals from an order of the Family Court, Suffolk County (Tarantino, Jr., J.), dated November 7, 2008, which, after a hearing, inter alia, granted the mother’s petition to enforce a provision of a custody and visitation order of the same court dated March 14, 2008, and, in effect, denied his motion to modify certain provisions of the order dated March 14, 2008.

Ordered that the order is reversed, on the law, without costs[*734] or disbursements, and the matter is remitted to the Family Court, Suffolk County, for a new hearing consistent herewith, and thereafter, a new determination of the petition and motion.

In adjudicating custody and visitation rights, the most important factor to be considered is the best interests of the child (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Assini v Assini, 11 AD3d 417 [2004]). In order to be granted modification of a custody order or arrangement to which the parties voluntarily agreed, the movant must show that there has been a change in circumstances and that modification is in the best interests of the child (see Matter of Penn v Penn, 41 AD3d 724 [2007]; Matter of Battista v Fasano, 41 AD3d 712 [2007]). Where the parents have entered into a custody and visitation agreement, “ ‘[priority, not as an absolute but as a weighty factor, should, in the absence of extraordinary circumstances, be accorded’ to that agreement” (Eschbach v Eschbach, 56 NY2d at 171, quoting Matter ofNehra v Uhlar, 43 NY2d 242, 251 [1977]). However, the paramount concern is the best interests of the child; thus, the “existence of a prior [custody or visitation] agreement is not determinative of what is presently in the child’s best interest” (Matter of Grigoli v Grigoli, 29 AD3d 792, 793 [2006]). Determinations as to custody and visitation are ordinarily a matter for the hearing court, and its determination will not be set aside unless lacking a sound and substantial basis in the record (see Matter of Grigoli v Grigoli, 29 AD3d at 793; Mauter v Mauter, 309 AD2d 737 [2003]).

Here, the father contended that based on evidence of the child’s serious medical condition, the mother should be precluded from taking the child on a trip abroad, as permitted by the prior custody and visitation order dated March 14, 2008, and that the prior order should be modified to disallow such travel. At the hearing, the child’s pediatrician testified that the child was medically fit for travel. He also testified that the child’s seizure disorder was “well controlled” with medication, and that the mother would carry emergency medication for travel. However, the pediatrician was unaware of a possible seizure episode after he wrote a letter approving the travel. The pediatrician also acknowledged that a seizure condition might pose an emergency situation, and that it would be important for the child to have access to emergency medical services.

In light of the evidence of a possible change in the child’s medical condition that was not fully explored at the hearing, the hearing evidence did not demonstrate that the proposed travel was in the best interests of the child. In addition, the Family Court’s order appealed from directed the mother to[*735] remain in a location within 75 miles of emergency services, and it was not shown that any such travel would be in the child’s best interest under those circumstances, particularly in light of the medical testimony indicating that the child required access to emergency medical services. Accordingly, the matter is remitted to the Family Court, Suffolk County, for a new hearing as to whether the proposed travel is in the best interest of the child in light of the child’s medical condition and whether there is access to emergency medical care in the specific proposed destinations and, thereafter, a new determination of the petition and motion (see Matter of Grigoli v Grigoli, 29 AD3d 792 [2006]; see also Matter of Ganzenmuller v Rivera, 40 AD3d 756, 757 [2007]; cf. Matter of Puran v Murray, 37 AD3d 472 [2007]; Matter of Ahmad v Naviwala, 306 AD2d 588 [2003]). Rivera, J.P., Eng, Chambers and Hall, JJ., concur.