Lawlor v. Eder, 106 A.D.3d 739 (N.Y. App. Div. 2013). · Go Syfert
Lawlor v. Eder, 106 A.D.3d 739 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
29 citation events (29 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Bullard v. Clark (nyappdiv, 2017-10-18)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Bullard v. Clark
N.Y. App. Div. · 2017 · confidence medium
Willful interference with a noncustodial parent’s right to visitation is so inconsistent with the best interests of the children as to, per se, raise a strong probability that the offending party is unfit to act as a custodial parent (see Matter of Khan-Soleil v Rashad, 111 AD3d 728 , 729 [2013]; Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]).
discussed Cited as authority (rule) Matter of Craig S. v. Emily S.
N.Y. App. Div. · 2017 · confidence medium
The Family Court’s determination that an award of custody to the father was in the children’s best interests has a sound and substantial basis in the record and, thus, will not be disturbed (see Fenech v Fenech, 141 AD3d 683, 684 [2016]; Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]).
discussed Cited as authority (rule) Levingart v. Levingart
N.Y. App. Div. · 2017 · confidence medium
The Supreme Court’s determination that it was in the best interests of the children to award sole custody to the mother with visitation to the father has a sound and substantial basis in the record and, accordingly, we decline to disturb it (see Matter of Quinones v Quinones, 139 AD3d 1072 [2016]; Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]).
discussed Cited as authority (rule) Matter of Sahadath v. Andaverde
N.Y. App. Div. · 2016 · confidence medium
Moreover, a parent’s interference with the relationship between a child and the child’s other parent may be “deemed an act so inconsistent with the best interests of the children as to, per se, raise a strong probability that the offending party is unfit to act as custodial parent” (Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]; see Matter of Pettiford v Clarke, 133 AD3d 666, 667 [2015]; Matter of Tori v Tori, 103 AD3d 654, 655 [2013]).
discussed Cited as authority (rule) Patanella v. Keveney
N.Y. App. Div. · 2016 · confidence medium
The Supreme Court’s determination that an award of custody to the plaintiff would be in the child’s best interests has a sound and substantial basis in the record and, thus, will not be *687 disturbed (see Fenech v Fenech, 141 AD3d 683, 684 [2016]; Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]).
discussed Cited as authority (rule) Quintanilla v. Morales
N.Y. App. Div. · 2013 · confidence medium
Accordingly, the Family Court’s determination will not be disturbed (see Matter of Flores v Mark, 107 AD3d 796, 797 [2013], lv denied 21 NY3d 865 [2013]; Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]; Matter of Pap-pas v Kells, 77 AD3d 952, 953-954 [2010]).
discussed Cited as authority (rule) Quintanilla v. Morales
N.Y. App. Div. · 2013 · confidence medium
Accordingly, the Family Court’s determination will not be disturbed (see Matter of Flores v Mark, 107 AD3d 796, 797 [2013], lv denied 21 NY3d 865 [2013]; Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]; Matter of Pap-pas v Kells, 77 AD3d 952, 953-954 [2010]).
discussed Cited "see" E v. v. R.V.
N.Y. App. Div. · 2018 · signal: see · confidence high
Parental alienation of a child from the other parent, including willful interference with his or her visitation rights, is "an act so inconsistent with the best interests of the children as to, per se, raise a strong probability that the [offending party] is unfit to act as custodial parent" ( Entwistle v Entwistle, 61 AD2d 380, 384-385 ; see Matter of Lawlor v Eder, 106 AD3d 739 ; Matter of Doroski v Ashton, 99 AD3d 902 ).
discussed Cited "see" Matter of Renee P.-F. v. Frank G.
N.Y. App. Div. · 2018 · signal: see · confidence high
Such conduct " is so inconsistent with the best interests of the children as to, per se, raise a strong probability that the offending party is unfit to act as a custodial parent'" ( Matter of Khan-Soleil v Rashad, 111 AD3d 728 , 730, quoting Matter of Ross v Ross, 68 AD3d 878, 878 ; see Matter of Lawlor v Eder, 106 AD3d 739, 740 ; Matter of Purse v Crocker, 95 AD3d 1216, 1217 ).
discussed Cited "see" Matter of Vargas v. Gutierrez
N.Y. App. Div. · 2017 · signal: see · confidence high
“Parental alienation of a child from the other parent is ‘an act so inconsistent with the best interests of the children as to, per se, raise a strong probability that the [offending party] is unfit to act as custodial parent’” (Matter of Doroski v Ashton, 99 AD3d 902 , 903 [2012], quoting Entwistle v Entwistle, 61 AD2d 380, 384-385 [1978]; see Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]; Bobinski v Bobinski, 9 AD3d 441 [2004]; Stern v Stern, 304 AD2d 649 [2003]; Young v Young, 212 AD2d 114, 122 [1995]).
discussed Cited "see" Matter of Mondschein v. Mondschein
N.Y. App. Div. · 2014 · signal: see · confidence high
Therefore, its findings should not be set aside unless they lack a sound and substantial basis in the record” (Matter of Diaz v Garcia, 119 AD3d 682 [2014] [brackets and internal quotation marks omitted]; see Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]; Matter of Tori v Tori, 103 AD3d 654, 655 [2013]).
discussed Cited "see" Alvarez v. Alvarez
N.Y. App. Div. · 2014 · signal: see · confidence high
In contrast, “[w]illful interference with a noncustodial parent’s right to visitation is so inconsistent with the best interests of the children as to, per se, raise a strong probability that the offending party is unfit to act as a custodial parent” (Matter of Ross v Ross, 68 AD3d 878, 878 [2009]; see Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]; Matter of Tori v Tori, 103 AD3d at 655 ; Matter of Jones v Pagan, 96 AD3d 1058 [2012]; Matter of Gurewich v Gurewich, 58 AD3d 628, 629 [2009]; Matter of Zeis v Slater, 57 AD3d at 794; Matter of Weinberg v Weinberg, 52 AD3d 616, 617 [2008];…
discussed Cited "see" Alvarez v. Alvarez
N.Y. App. Div. · 2014 · signal: see · confidence high
In contrast, “[w]illful interference with a noncustodial parent’s right to visitation is so inconsistent with the best interests of the children as to, per se, raise a strong probability that the offending party is unfit to act as a custodial parent” (Matter of Ross v Ross, 68 AD3d 878, 878 [2009]; see Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]; Matter of Tori v Tori, 103 AD3d at 655 ; Matter of Jones v Pagan, 96 AD3d 1058 [2012]; Matter of Gurewich v Gurewich, 58 AD3d 628, 629 [2009]; Matter of Zeis v Slater, 57 AD3d at 794; Matter of Weinberg v Weinberg, 52 AD3d 616, 617 [2008];…
discussed Cited "see" Bibi Khan-Soleil v. Rashad
N.Y. App. Div. · 2013 · signal: see · confidence high
In contrast, “[w]illful interference with a noncustodial parent’s right to visitation is so inconsistent with the best interests of the children as to, per se, raise a strong probability that the offending party is unfit to act as a custodial parent” (Matter of Ross v Ross, 68 AD3d 878, 878 [2009]; see Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]; Matter of Tori v Tori, 103 AD3d at 655 ; Matter of Jones v Pagan, 96 AD3d 1058 [2012]; Matter of Gurewich v Gurewich, 58 AD3d 628, 629 [2009]; Matter of Weinberg v Weinberg, 52 AD3d 616, 617 [2008]; Matter of Nikolic v Ingrassia, 47 AD3d 8…
discussed Cited "see" Bibi Khan-Soleil v. Rashad
N.Y. App. Div. · 2013 · signal: see · confidence high
In contrast, “[w]illful interference with a noncustodial parent’s right to visitation is so inconsistent with the best interests of the children as to, per se, raise a strong probability that the offending party is unfit to act as a custodial parent” (Matter of Ross v Ross, 68 AD3d 878, 878 [2009]; see Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]; Matter of Tori v Tori, 103 AD3d at 655 ; Matter of Jones v Pagan, 96 AD3d 1058 [2012]; Matter of Gurewich v Gurewich, 58 AD3d 628, 629 [2009]; Matter of Weinberg v Weinberg, 52 AD3d 616, 617 [2008]; Matter of Nikolic v Ingrassia, 47 AD3d 8…
discussed Cited "see" Bennett v. Schultz
N.Y. App. Div. · 2013 · signal: see · confidence high
Parental alienation of a child from the other parent, including willful interference with his or her visitation rights, is “an act so inconsistent with the best interests of the children as to, per se, raise a strong probability that the [offending party] is unfit to act as custodial parent” (Entwistle v Entwistle, 61 AD2d 380, 384-385 [1978]; see Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]; Matter of Doroski v Ashton, 99 AD3d 902, 903 [2012]; Matter of Ahmad v Naviwala, 306 AD2d 588, 591 [2003]).
discussed Cited "see" Bennett v. Schultz
N.Y. App. Div. · 2013 · signal: see · confidence high
Parental alienation of a child from the other parent, including willful interference with his or her visitation rights, is “an act so inconsistent with the best interests of the children as to, per se, raise a strong probability that the [offending party] is unfit to act as custodial parent” (Entwistle v Entwistle, 61 AD2d 380, 384-385 [1978]; see Matter of Lawlor v Eder, 106 AD3d 739, 740 [2013]; Matter of Doroski v Ashton, 99 AD3d 902, 903 [2012]; Matter of Ahmad v Naviwala, 306 AD2d 588, 591 [2003]).
Retrieving the full opinion text from the archive…
In the Matter of Daniel C. Lawlor
v.
Jasmynn Eder
Appellate Division of the Supreme Court of the State of New York.
May 1, 2013.
106 A.D.3d 739
Cited by 25 opinions  |  Published

In a child custody proceeding pursuant to Family Court Act article 6, the father appeals, as limited by his brief, from so much of an order of the Family Court, Nassau County (LoPresti, Ct. Atty. Ref.), dated March 1, 2012, as, after a hearing, in effect, granted the mother’s application to modify a prior order of temporary custody of the same court entered August 24, 2009, and, upon awarding the parties joint legal custody, awarded the mother permanent residential custody of the subject child with visitation to the father, and denied that branch of the father’s petition which was to modify the prior order so as to award him permanent residential custody.

Ordered that the order dated March 1, 2012, is affirmed insofar as appealed from, with costs.

The Family 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 (see Eschbach v Eschbach, 56 NY2d 167, 171-172 [1982]; Matter of Guzman v Pizarro, 102[*740] AD3d 964 [2013]), and there is no prima facie right to custody of the child in either parent (see Friederwitzer v Friederwitzer, 55 NY2d 89, 93 [1982]; Matter of Andrews v Mouzon, 80 AD3d 761 [2011]). “Since any custody determination depends to a great extent upon the hearing court’s assessment of the credibility of the witnesses and of the character, temperament, and sincerity of the parties, its findings are generally accorded great deference and will not be disturbed unless they lack a sound and substantial basis in the record” (Matter of O’Loughlin v Sweetland, 98 AD3d 983, 984 [2012] [internal quotation marks omitted]; see Matter of Griffin v Nikiea Moore-James, 104 AD3d 685 [2d Dept 2013]).

Here, the Family Court carefully considered the parties’ testimony and thoroughly examined all the evidence and relevant circumstances in coming to its determination granting permanent residential custody to the mother. The Family Court found that, while both parents had exhibited shortcomings as parents, it was undisputed that the child loved both parents and was happy in the custody of either the mother or the father and that both parents were capable of providing for the child’s emotional and intellectual development. However, the Family Court also found that during the period when the child was in the temporary custody of the father, the father had refused to encourage and foster meaningful contact between the child and the mother, and that such conduct was adverse to the child’s best interests and had been harmful to the child. The Family Court also found that the mother was the parent more likely to assure meaningful contact between the child and the noncustodial parent. A custodial parent’s interference with the relationship between a child and the noncustodial parent is deemed an act so inconsistent with the best interests of the children as to, per se, raise a strong probability that the offending party is unfit to act as custodial parent (see Matter of Purse v Crocker, 95 AD3d 1216, 1217 [2012]; Young v Young, 212 AD2d 114, 122-123 [1995]). As the Family Court’s findings have a sound and substantial basis in the record, they will not be disturbed.

The father’s remaining contention is without merit. Eng, EJ., Rivera, Angiolillo and Balkin, JJ., concur.