10 New York opinions name it 1 courts 1988–2025 8 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Eschbach v. Eschbachgreen2 sentences2023That inquiry requires an evaluation of various factors, including the parents' past performance, fitness, ability to maintain a stable home environment, and respective willingness to [*2]foster a positive relationship between the child and the other parent ( see Eschbach v Eschbach , 56 NY2d 167, 172 ; Matter of Goodman v Jones , 146 AD3d 884, 885 ). "[T]he existence or absence of any one factor in determining custody cannot be determinative on appellate review since the court is to consider the totality of the circumstances" ( Matter of Martinez v Flores , 189 AD3d at 1415 [internal quotation 2023That inquiry requires an evaluation of various factors, including the parents' past performance, fitness, ability to maintain a stable home environment, and respective willingness to [*2]foster a positive relationship between the child and the other parent ( see Eschbach v Eschbach , 56 NY2d 167, 172 ; Matter of Goodman v Jones , 146 AD3d 884, 885 ). "[T]he existence or absence of any one factor in determining custody cannot be determinative on appellate review since the court is to consider the totality of the circumstances" ( Matter of Martinez v Flores , 189 AD3d at 1415 [internal quotation | 4 | 4 |
Matter of Shirreece AA. v. Matthew BB.green2 sentences2022"The dispositive inquiry in an initial custody determination is the best interests of the child, which requires an evaluation of various factors, such as each parent's past performance, fitness and ability to maintain a stable home environment and provide for the child's overall well-being, as well as the parents' respective willingness to foster a positive relationship between the child and the other parent" ( Matter of Megan UU. v Phillip UU. , 193 AD3d 1287 , 1288 [2021] [citations omitted]; see Eschbach v Eschbach , 56 NY2d 167, 171 [1982]; Matter of Shirreece AA. v Matthew BB. , 195 AD3d 2021Contrary to the father's contention, Family Court's determination to award the parties joint legal custody of the child, with primary physical custody to the mother, has a sound and substantial basis in the record. [FN3] "The dispositive inquiry in an initial custody determination is the best interests of the child, which requires an evaluation of various factors, such as each parent's past performance, fitness and ability to maintain a stable home environment and provide for the child's overall well-being, as well as the parents' respective willingness to foster a positive relationship betwee | 2 | 2 |
Matter of Mary N. v. Scott M.green1 sentence2025The mother contends that Family Court's grant of primary physical custody of the older child to the father is not supported by a sound and substantial basis in the record, as it impedes the child's relationships with his sibling and the mother. [FN1] In rendering an initial custody determination, the dispositive inquiry is the best interests of the child, requiring an evaluation of various factors, including "the need for stability in the child's life, the degree to which each parent has complied with the existing custodial arrangement and whether he or she will promote a positive relationship | 1 | 1 |
Matter of Stephanie R. v. Walter Q.green1 sentence2023"The dispositive inquiry in an initial custody determination is the best interests of the child[ren], which requires an evaluation of various factors, such as each parent's past performance, fitness and ability to maintain a stable home environment and provide for the child[ren]'s overall well-being, as well as the parents' respective willingness to foster a positive relationship between the child[ren] and the other parent" ( Matter of Stephanie R. v Walter Q. , 203 AD3d 1440, 1443 [3d Dept 2022] [internal quotation marks and citations omitted]). | 1 | 1 |
Matter of Warda NN. v. Muhammad OO.green1 sentence2023"The dispositive inquiry in an initial custody determination is the best interests of the children, which requires an evaluation of various factors, such as each parent's past performance, fitness and ability to maintain a stable home environment and provide for the children's overall well-being, as well as the parents' respective willingness to foster a positive relationship between the children and the other parent" ( Matter of Warda NN. v Muhammad OO. , 217 AD3d 1086, 1087-1088 [3d Dept 2023] [internal quotation marks, brackets and citations omitted]; see Matter of Lorimer v Lorimer , 167 A | 1 | 1 |
Matter of Martinez v. Floresgreen2 sentences2023That inquiry requires an evaluation of various factors, including the parents' past performance, fitness, ability to maintain a stable home environment, and respective willingness to [*2]foster a positive relationship between the child and the other parent ( see Eschbach v Eschbach , 56 NY2d 167, 172 ; Matter of Goodman v Jones , 146 AD3d 884, 885 ). "[T]he existence or absence of any one factor in determining custody cannot be determinative on appellate review since the court is to consider the totality of the circumstances" ( Matter of Martinez v Flores , 189 AD3d at 1415 [internal quotation 2023As any determination with regard to custody turns in large part on the assessment of the credibility, character, temperament, and sincerity of the parties, the hearing court's determination should not be disturbed unless it lacks a sound and substantial basis in the record ( see Matter of Martinez v Flores , 189 AD3d at 1415 ; Matter of Goodman v Jones , 146 AD3d at 886 ). | 1 | 1 |
Matter of Paul CC. v. Nicole DD.green1 sentence2023"When determining the child[ren]'s best interests, Family Court must consider the effect of domestic violence when the allegations of domestic violence are proven by a preponderance of the evidence" ( Matter of Paul CC. v Nicole DD. , 151 AD3d 1235, 1236 [3d Dept 2017] [internal quotation marks, ellipses and citations omitted]; accord Matter of Aimee T. v Ryan U. , 173 AD3d 1377 , 1379 [3d Dept 2019]). | 1 | 1 |
Matter of Christina E. v. Clifford F.green1 sentence2022Turning to that review, discerning the best interests of the child "requires an evaluation of various factors, such as each parent's past performance, fitness and ability to maintain a stable home environment and provide for the child's overall well-being, as well as the parents' respective willingness to foster a positive relationship between the child and the other parent" ( Matter of Megan UU. v Phillip UU. , 193 AD3d 1287 , 1288 [2021]; accord Matter of Christina E. v Clifford F. , 200 AD3d 1111, 1112 [2021]). | 1 | 1 |
Chris X. v. Jeanette Y.green1 sentence2022Because the mother proved by a preponderance of the evidence that the father committed acts of domestic violence, Family Court was obligated to "consider the effect of such domestic violence" when conducting its best interests analysis (Domestic Relations Law § 240 [1] [a]; see Matter of Chris X. v Jeanette Y. , 124 AD3d 1013, 1014 [2015]). | 1 | 1 |
Ames v. Amesgreen1 sentence2021Where, as here, a parent seeks to relocate with the child and an initial custody determination has yet to be rendered, Family Court is not required to strictly apply the Tropea relocation factors ( see Matter of O'Hara v DeMarsh , 161 AD3d 1271 , 1272 [2018]; Matter of Finkle v Scholl , 140 AD3d 1290, 1291 [2016]; Matter of Ames v Ames , 97 AD3d 914, 915 [2012], lv denied 20 NY3d 852 [2012]). | 1 | 1 |
Matter of Lawton v. Lawtongreen1 sentence2021The mother appeals, solely arguing that the determination to grant the father primary physical custody is not supported by a sound and substantial basis in the record. [FN2] The dispositive inquiry in an initial custody determination is the best interests of the child, which requires an evaluation of various factors, such as each parent's past performance, fitness and ability to maintain a stable home environment and provide for the child's overall well-being, as well as the parents' respective willingness to foster a positive relationship between the child and the other parent ( see Matter of | 1 | 1 |
Matter of Finkle v. Schollgreen1 sentence2021Where, as here, a parent seeks to relocate with the child and an initial custody determination has yet to be rendered, Family Court is not required to strictly apply the Tropea relocation factors ( see Matter of O'Hara v DeMarsh , 161 AD3d 1271 , 1272 [2018]; Matter of Finkle v Scholl , 140 AD3d 1290, 1291 [2016]; Matter of Ames v Ames , 97 AD3d 914, 915 [2012], lv denied 20 NY3d 852 [2012]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Matter of Ronald R. v. Natasha FF.
green
1 sentence2025The mother contends that Family Court's grant of primary physical custody of the older child to the father is not supported by a sound and substantial basis in the record, as it impedes the child's relationships with his sibling and the mother. [FN1] In rendering an initial custody determination, the dispositive inquiry is the best interests of the child, requiring an evaluation of various factors, including "the need for stability in the child's life, the degree to which each parent has complied with the existing custodial arrangement and whether he or she will promote a positive relationship | 1 | 2025–2025 |
Matter of Goodman v. Jones
green
2 sentences2023That inquiry requires an evaluation of various factors, including the parents' past performance, fitness, ability to maintain a stable home environment, and respective willingness to [*2]foster a positive relationship between the child and the other parent ( see Eschbach v Eschbach , 56 NY2d 167, 172 ; Matter of Goodman v Jones , 146 AD3d 884, 885 ). "[T]he existence or absence of any one factor in determining custody cannot be determinative on appellate review since the court is to consider the totality of the circumstances" ( Matter of Martinez v Flores , 189 AD3d at 1415 [internal quotation 2023As any determination with regard to custody turns in large part on the assessment of the credibility, character, temperament, and sincerity of the parties, the hearing court's determination should not be disturbed unless it lacks a sound and substantial basis in the record ( see Matter of Martinez v Flores , 189 AD3d at 1415 ; Matter of Goodman v Jones , 146 AD3d at 886 ). | 1 | 2023–2023 |
Smith v. O'Donnell
green
1 sentence2022Although the inquiry into whether a "change in circumstances has occurred should be limited to occurrences since the date of the prior custody order, a best interests inquiry is broader and may include other facts that give the court a view of the totality of the circumstances and family dynamics, including proof that relates to either party's fitness as a parent" ( Matter of Smith v O'Donnell , 107 AD3d 1311 , 1312 [2013]). | 1 | 2022–2022 |
Westhab, Inc. v. Village of Elmsford
green
1 sentence1995While a court is bound to engage in the evaluation of various factors, "none of which [are] controlling” (Westhab, Inc. v Village of Elmsford, 151 Misc 2d 1071, 1074 ), among the factors so weighed are " 'the nature and scope of the instrumentality seeking immunity, the kind of function or land use involved, the extent of the public interest to be served thereby, the effect local land use regulation would have upon the enterprise concerned and the impact upon legitimate local interests’ ” (Matter of County of Monroe [City of Rochester], supra, at 343, quoting Rutgers State Univ. v Piluso, 60 N | 1 | 1995–1995 |
Rutgers v. Piluso
green
1 sentence1995While a court is bound to engage in the evaluation of various factors, "none of which [are] controlling” (Westhab, Inc. v Village of Elmsford, 151 Misc 2d 1071, 1074 ), among the factors so weighed are " 'the nature and scope of the instrumentality seeking immunity, the kind of function or land use involved, the extent of the public interest to be served thereby, the effect local land use regulation would have upon the enterprise concerned and the impact upon legitimate local interests’ ” (Matter of County of Monroe [City of Rochester], supra, at 343, quoting Rutgers State Univ. v Piluso, 60 N | 1 | 1995–1995 |
Transportation Microwave Corp. v. Venrock Associates
neutral
1 sentence1988The convenience of parties, their employees and members of their families are excluded from consideration in determining a motion under CPLR 510 (3) (see, Transportation Microwave Corp. v Venrock Assocs., 91 AD2d 913, 914 ). | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.