great extent upon hearing in New York

56 New York opinions name it 1 courts 2007–2022 4 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.

Followed or applied (51)

Case	Followed	Cited
Skeete v. Hamiltongreen nyappdiv · 2010 · cited in 11 New York opinions naming this issue, 2011–2015 2 sentences 2015The best interests of the child are determined by a review of the totality of the circumstances (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Matter of Vujanic v Petrovic, 125 AD3d 670 984 [2015]). “'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 Mack v Kass, 115 AD3d at 749 , quoting Matter 2014*“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 Skeete v Hamilton, 78 AD3d 1187, 1188 [2010]).	11	11
Nell v. Nellgreen nyappdiv · 2011 · cited in 8 New York opinions naming this issue, 2011–2014 2 sentences 2014Since any visitation 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 (see Matter of O’Loughlin v Sweetland, 98 AD3d 983 , 984 [2012]; Matter of Skeete v Hamilton, 78 AD3d 1187, 1188 [2010]; Matter of Nell v Nell, 87 AD3d 541, 542 [2011]). 2014Since any visitation 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 (see Matter of O’Loughlin v Sweetland, 98 AD3d 983 , 984 [2012]; Matter of Skeete v Hamilton, 78 AD3d 1187, 1188 [2010]; Matter of Nell v Nell, 87 AD3d 541, 542 [2011]).	8	8
Brian S. v. Stephanie P.green nyappdiv · 2006 · cited in 7 New York opinions naming this issue, 2007–2010 2 sentences 2010“Custody determinations depend 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” (Matter of McGee v Patron, 58 AD3d 633, 633 [2009]; see Matter of Brian S. v Stephanie P., 34 AD3d 685, 686 [2006]). 2009Custody determinations depend 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 (see Matter of Brian S. v Stephanie P., 34 AD3d 685, 686 [2006]; Matter of James v Hickey, 6 AD3d 536, 537 [2004]).	5	7
O'Loughlin v. Sweetlandgreen nyappdiv · 2012 · cited in 10 New York opinions naming this issue, 2013–2021 2 sentences 2021"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 [internal quotation marks omitted]; see Pandis v Lapas , 176 AD3d at 839; Matter of Griffin v Moore-James , 104 AD3d 685 ). "[Parental access] is a joint right of the noncustodial parent and of the child" ( We 2014Since any visitation 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 (see Matter of O’Loughlin v Sweetland, 98 AD3d 983 , 984 [2012]; Matter of Skeete v Hamilton, 78 AD3d 1187, 1188 [2010]; Matter of Nell v Nell, 87 AD3d 541, 542 [2011]).	4	10
Russell v. Russellgreen nyappdiv · 2010 · cited in 4 New York opinions naming this issue, 2013–2013 2 sentences 2013To modify an existing custody arrangement, there must be a showing of a change in circumstances such that modification is required to protect the best interests of the child (see Matter of O’Loughlin v Sweetland, 98 AD3d at 983; Matter of Sparacio v Fitzgerald, 73 AD3d 790 [2010]; Matter of Russell v Russell, 72 AD3d 973, 974 [2010]; Trinagel v Boyar, 70 AD3d 816 [2010]). 2013To modify an existing custody arrangement, there must be a showing of a change in circumstances such that modification is required to protect the best interests of the child (see Matter of O’Loughlin v Sweetland, 98 AD3d at 983; Matter of Sparacio v Fitzgerald, 73 AD3d 790 [2010]; Matter of Russell v Russell, 72 AD3d 973, 974 [2010]; Trinagel v Boyar, 70 AD3d 816 [2010]).	4	4
James v. Hickeygreen nyappdiv · 2004 · cited in 4 New York opinions naming this issue, 2007–2009 2 sentences 2009Custody determinations depend 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 (see Matter of Brian S. v Stephanie P., 34 AD3d 685, 686 [2006]; Matter of James v Hickey, 6 AD3d 536, 537 [2004]). 2009Custody determinations depend 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 (see Matter of Brian S. v Stephanie P., 34 AD3d 685, 686 [2006]; Matter of James v Hickey, 6 AD3d 536, 537 [2004]).	4	4
Eschbach v. Eschbachgreen ny · 1982 · cited in 10 New York opinions naming this issue, 2009–2021 2 sentences 2015Since 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 respect and will not be set aside unless they lack a sound and substantial basis in the record (see Matter of Guiracocha v Amaro, 122 AD3d 632, 633 [2014]; Matter of Andrews v Mouzon, 80 AD3d at 763 ; Trinagel v Boyar, 70 AD3d 816 [2010]; see also Eschbach v Eschbach, 56 NY2d at 173 ). 2015Where, as here, a complete evidentiary hearing has been held on the issue of custody, any 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 (see Eschbach v Eschbach, 56 NY2d at 171 ; Matter of Crivelli v Tolento, 100 AD3d at 885 ; Matter of Blakeney v Blakeney, 99 AD3d at 898 ).	3	10
Francis v. Coxgreen nyappdiv · 2008 · cited in 6 New York opinions naming this issue, 2009–2013 2 sentences 2013Accordingly, the credibility findings of the hearing court will be accorded great weight and its award of custody will not be disturbed unless it lacks a sound and substantial basis in the record (see Matter of Jara v Rivera, 60 AD3d 680, 680 [2009]; Matter of Francis v Cox, 57 AD3d 776, 776-777 [2008]; Matter of Rolon v Medina, 56 AD3d 676 , 677 [2008]). 2013Accordingly, the credibility findings of the hearing court will be accorded great weight and its award of custody will not be disturbed unless it lacks a sound and substantial basis in the record (see Matter of Jara v Rivera, 60 AD3d 680, 680 [2009]; Matter of Francis v Cox, 57 AD3d 776, 776-777 [2008]; Matter of Rolon v Medina, 56 AD3d 676 , 677 [2008]).	3	6
Felty v. Feltygreen nyappdiv · 2013 · cited in 5 New York opinions naming this issue, 2018–2020 2 sentences 2019Where the Family Court has held an "evidentiary hearing . . . on the issue of custody, any 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" ( Matter of Felty v Felty , 108 AD3d 705, 707 ). 2019Where the Family Court has held an "evidentiary hearing . . . on the issue of custody, any 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" ( Matter of Felty v Felty , 108 AD3d 705, 707 ).	3	5
Manfredo v. Manfredogreen nyappdiv · 2008 · cited in 3 New York opinions naming this issue, 2008–2015 2 sentences 2015Furthermore, in determining custody, while the express wishes of the children are not controlling, “they are entitled to great weight, particularly where their age and maturity would make their input particularly meaningful” (Matter of O’Connor v Dyer, 18 AD3d 757 [2005]; see Matter of Samuel S. v Dayawathie R., 63 AD3d 746, 747 [2009]; Matter of Manfredo v Manfredo, 53 AD3d 498, 500 [2008]). 2009Where, as here, a hearing court has conducted a complete evidentiary hearing, its finding must be accorded great weight, and its award of custody will not be disturbed unless it lacks a sound and substantial basis in the record” (Matter of Francis v Cox, 57 AD3d 776, 776-777 [2008]; Matter of Manfredo v Manfredo, 53 AD3d 498, 499-500 [2008]).	3	3
Nikolic v. Ingrassiagreen nyappdiv · 2008 · cited in 3 New York opinions naming this issue, 2013–2015 2 sentences 2015The credibility findings of the Family Court will be accorded great weight, and its determinations regarding custody and visitation will not be disturbed unless 864 they lack a sound and substantial basis in the record (see Matter of Crivelli v Tolento, 100 AD3d at 885 ; Matter of Blakeney v Blakeney, 99 AD3d at 898-899 ; Matter of Nikolic v Ingrassia, 47 AD3d 819, 820 [2008]). 2013*The credibility findings of the Family Court will be accorded great weight and its determinations regarding custody and visitation will not be disturbed unless they lack a sound and substantial basis in the record (see Matter of Crivelli v Tolento, 100 AD3d at 885 ; Matter of Blakeney v Blakeney, 99 AD3d at 898-899 ; Matter of Nikolic v Ingrassia, 47 AD3d 819, 820 [2008]).	3	3
Matter of Gribeluk v. Gribelukgreen nyappdiv · 2014 · cited in 3 New York opinions naming this issue, 2014–2015 2 sentences 2015Custody determinations depend 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 (see Matter of Gribeluk v Gribeluk, 120 AD3d at 579; Matter of Weiss v Rosenthal, 120 AD3d 505, 506 [2014]; Matter of Eison v 647 Eison, 119 AD3d at 861 ). 2015*Custody determinations depend 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 (see Matter of Gribeluk v Gribeluk, 120 AD3d 579, 579 [2014]; Matter of Weiss v Rosenthal, 120 AD3d 505 [2014]; Matter of Eison v Eison, 119 AD3d 861, 861 [2014]; Matter of Jurado v Jurado, 119 AD3d 796, 796 [2014]).	3	3
Matter of Saravia v. Godziebagreen nyappdiv · 2014 · cited in 3 New York opinions naming this issue, 2014–2015 2 sentences 2015Accordingly, where a court has conducted a complete evidentiary hearing, its custody determination will not be disturbed unless it lacks a sound and substantial basis in the record (see Matter of Saravia v Godzieba, 120 AD3d at 822; Matter of Gribeluk v Gribeluk, 120 AD3d at 579; Matter of Cruz v Cruz, 118 AD3d 780 [2014]). 2015Accordingly, where a hearing court has conducted a complete evidentiary hearing, its credibility finding must be accorded great weight, and its award of custody will not be disturbed unless it lacks a sound and substantial basis in the record (see Matter of Saravia v Godzieba, 120 AD3d 821, 822 [2014]; Matter of Gribeluk v Gribeluk, 120 AD3d at 579; Matter of Cruz v Cruz, 118 AD3d 780, 782 [2014]; Matter of Islam v Lee, 115 AD3d 952, 953 [2014]).	3	3
Bonilla v. Amayagreen nyappdiv · 2009 · cited in 5 New York opinions naming this issue, 2009–2013 2 sentences 2013Moreover, where, as here, a complete evidentiary hearing has been held on the issue of custody, any 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 (see Matter of Rudolph v Armstead, 61 AD3d 979, 980 [2009]; Matter of Gilmartin v Abbas, 60 AD3d 1058, 1058 [2009]; Matter of Bonilla v Amaya, 58 AD3d 728, 729 [2009]). 2013Moreover, where, as here, a complete evidentiary hearing has been held on the issue of custody, any 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 (see Matter of Rudolph v Armstead, 61 AD3d 979, 980 [2009]; Matter of Gilmartin v Abbas, 60 AD3d 1058, 1058 [2009]; Matter of Bonilla v Amaya, 58 AD3d 728, 729 [2009]).	2	5
Lester v. New York State Office of Parksgreen nyappdiv · 2009 · cited in 5 New York opinions naming this issue, 2009–2013 2 sentences 2013Accordingly, the credibility findings of the hearing court will be accorded great weight and its award of custody will not be disturbed unless it lacks a sound and substantial basis in the record (see Matter of Jara v Rivera, 60 AD3d 680, 680 [2009]; Matter of Francis v Cox, 57 AD3d 776, 776-777 [2008]; Matter of Rolon v Medina, 56 AD3d 676 , 677 [2008]). 2013Accordingly, the credibility findings of the hearing court will be accorded great weight and its award of custody will not be disturbed unless it lacks a sound and substantial basis in the record (see Matter of Jara v Rivera, 60 AD3d 680, 680 [2009]; Matter of Francis v Cox, 57 AD3d 776, 776-777 [2008]; Matter of Rolon v Medina, 56 AD3d 676 , 677 [2008]).	2	5
Gilmartin v. Abbasgreen nyappdiv · 2009 · cited in 5 New York opinions naming this issue, 2009–2013 2 sentences 2013Moreover, where, as here, a complete evidentiary hearing has been held on the issue of custody, any 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 (see Matter of Rudolph v Armstead, 61 AD3d 979, 980 [2009]; Matter of Gilmartin v Abbas, 60 AD3d 1058, 1058 [2009]; Matter of Bonilla v Amaya, 58 AD3d 728, 729 [2009]). 2013Moreover, where, as here, a complete evidentiary hearing has been held on the issue of custody, any 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 (see Matter of Rudolph v Armstead, 61 AD3d 979, 980 [2009]; Matter of Gilmartin v Abbas, 60 AD3d 1058, 1058 [2009]; Matter of Bonilla v Amaya, 58 AD3d 728, 729 [2009]).	2	5
Riedel v. Riedelgreen nyappdiv · 2009 · cited in 5 New York opinions naming this issue, 2009–2013 2 sentences 2013Moreover, where, as here, a complete evidentiary hearing has been held on the issue of custody, any 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 (see Matter of Rudolph v Armstead, 61 AD3d 979, 980 [2009]; Matter of Gilmartin v Abbas, 60 AD3d 1058, 1058 [2009]; Matter of Bonilla v Amaya, 58 AD3d 728, 729 [2009]). 2013Moreover, where, as here, a complete evidentiary hearing has been held on the issue of custody, any 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 (see Matter of Rudolph v Armstead, 61 AD3d 979, 980 [2009]; Matter of Gilmartin v Abbas, 60 AD3d 1058, 1058 [2009]; Matter of Bonilla v Amaya, 58 AD3d 728, 729 [2009]).	2	5
Griffin v. Moore-Jamesgreen nyappdiv · 2013 · cited in 4 New York opinions naming this issue, 2013–2021 2 sentences 2021"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 [internal quotation marks omitted]; see Pandis v Lapas , 176 AD3d at 839; Matter of Griffin v Moore-James , 104 AD3d 685 ). "[Parental access] is a joint right of the noncustodial parent and of the child" ( We 2013“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]).	2	4
Gooler v. Goolergreen nyappdiv · 2013 · cited in 4 New York opinions naming this issue, 2016–2021 2 sentences 2021Accordingly, "[t]he determination of whether [parental access] should be supervised is a matter left to the court's sound discretion, and its findings will not be disturbed on appeal unless they lack a sound and substantial basis in the record" ( Matter of Gooler v Gooler , 107 AD3d 712, 713 ; see Matter of Binong Xu v Sullivan , 91 AD3d 771, 771-772 ). 2016Custody determinations depend to a great extent upon a hearing court’s assessment of the credibility of the witnesses and of the character, temperament, and sincerity of the parties (see Matter of Bowe v Bowe, 124 AD3d 645, 646 [2015]; Matter of Gooler v Gooler, 107 AD3d 712, 712 [2013]).	2	4
Davis v. Pignatarogreen nyappdiv · 2012 · cited in 2 New York opinions naming this issue, 2015–2015	2	2
Matter of Diaz v. Garciagreen nyappdiv · 2014 · cited in 2 New York opinions naming this issue, 2015–2015 2 sentences 2015In addition, as custody determinations depend 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 accorded deference and will not be disturbed unless they lack a sound and substantial basis in the record (see Matter of Diaz v Garcia, 119 AD3d 682, 683 [2014]; Matter of Quintanilla v Morales, 110 AD3d at 1081-1082 ; Matter of Davis v Pignataro, 97 AD3d 677, 677-678 [2012]). 2015In addition, as custody determinations depend 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 credibility findings are accorded deference, and its custody determinations will not be disturbed unless they lack a sound and substantial basis in the record (see Matter of Diaz v Garcia, 119 AD3d 682, 683 [2014]; Matter of Quintanilla v Morales, 110 AD3d at 1081-1082 ; Matter of Davis v Pignataro, 97 AD3d 677, 677-678 [2012]).	2	2
McGee v. Patrongreen nyappdiv · 2009 · cited in 2 New York opinions naming this issue, 2009–2010	2	2
Neuman v. Neumangreen nyappdiv · 2005 · cited in 2 New York opinions naming this issue, 2009–2010	2	2
Cruz v. Cruzgreen nyappdiv · 2014 · cited in 3 New York opinions naming this issue, 2014–2015 2 sentences 2015Accordingly, where a court has conducted a complete evidentiary hearing, its custody determination will not be disturbed unless it lacks a sound and substantial basis in the record (see Matter of Saravia v Godzieba, 120 AD3d at 822; Matter of Gribeluk v Gribeluk, 120 AD3d at 579; Matter of Cruz v Cruz, 118 AD3d 780 [2014]). 2015Accordingly, where a hearing court has conducted a complete evidentiary hearing, its credibility finding must be accorded great weight, and its award of custody will not be disturbed unless it lacks a sound and substantial basis in the record (see Matter of Saravia v Godzieba, 120 AD3d 821, 822 [2014]; Matter of Gribeluk v Gribeluk, 120 AD3d at 579; Matter of Cruz v Cruz, 118 AD3d 780, 782 [2014]; Matter of Islam v Lee, 115 AD3d 952, 953 [2014]).	1	3
Matter of Eison v. Eisongreen nyappdiv · 2014 · cited in 3 New York opinions naming this issue, 2014–2015 2 sentences 2015Custody determinations depend 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 (see Matter of Gribeluk v Gribeluk, 120 AD3d at 579; Matter of Weiss v Rosenthal, 120 AD3d 505, 506 [2014]; Matter of Eison v 647 Eison, 119 AD3d at 861 ). 2015*Custody determinations depend 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 (see Matter of Gribeluk v Gribeluk, 120 AD3d 579, 579 [2014]; Matter of Weiss v Rosenthal, 120 AD3d 505 [2014]; Matter of Eison v Eison, 119 AD3d 861, 861 [2014]; Matter of Jurado v Jurado, 119 AD3d 796, 796 [2014]).	1	3
Matter of Weiss v. Rosenthalgreen nyappdiv · 2014 · cited in 3 New York opinions naming this issue, 2014–2015 2 sentences 2015Custody determinations depend 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 (see Matter of Gribeluk v Gribeluk, 120 AD3d at 579; Matter of Weiss v Rosenthal, 120 AD3d 505, 506 [2014]; Matter of Eison v 647 Eison, 119 AD3d at 861 ). 2015*Custody determinations depend 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 (see Matter of Gribeluk v Gribeluk, 120 AD3d 579, 579 [2014]; Matter of Weiss v Rosenthal, 120 AD3d 505 [2014]; Matter of Eison v Eison, 119 AD3d 861, 861 [2014]; Matter of Jurado v Jurado, 119 AD3d 796, 796 [2014]).	1	3
Matter of Guiracocha v. Amarogreen nyappdiv · 2014 · cited in 2 New York opinions naming this issue, 2015–2021 2 sentences 2021Since weighing the factors relevant to 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, the hearing court's findings are generally accorded great [2]respect and will not be disturbed unless they lack a sound and substantial basis in the record ( see Matter of Amendola v Maglione , 189 AD3d at 1031 ; Matter of Guiracocha v Amaro , 122 AD3d 632, 633 ). 2015*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 respect and will not be set aside unless they lack a sound and substantial basis in the record (see Matter of Guiracocha v Amaro, 122 AD3d 632, 633 [2014]; Matter of Andrews v Mouzon, 80 AD3d at 763 ; Trinagel v Boyar, 70 AD3d 816 [2010]; see also Eschbach v Eschbach, 56 NY2d at 173 ).	1	2
Rodriguez v. Irizarrygreen nyappdiv · 2006 · cited in 2 New York opinions naming this issue, 2009–2010	1	2
Matter of Nixon v. Ferronegreen nyappdiv · 2017 · cited in 1 New York opinions naming this issue, 2021–2021	1	1
Zwillman v. Kullgreen nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2021–2021	1	1
Binong Xu v. Sullivangreen nyappdiv · 2012 · cited in 1 New York opinions naming this issue, 2021–2021	1	1
Zafran v. Zafrangreen nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2021–2021	1	1
Cashel v. Cashelgreen nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2020–2020	1	1
Matter of Lamarche v. Rooksgreen nyappdiv · 2016 · cited in 1 New York opinions naming this issue, 2020–2020	1	1
Matter of Bowe v. Bowegreen nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2016–2016	1	1
Sinnott-Turner v. Kolbagreen nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2015–2015	1	1
Samuel S. v. Dayawathie R.green nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2015–2015	1	1
In re Dutchess County Department of Social Services ex rel. Tony R.R.green nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2015–2015	1	1
McCance v. DeWittgreen nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2015–2015	1	1
Matter of Jurado v. Juradogreen nyappdiv · 2014 · cited in 1 New York opinions naming this issue, 2015–2015	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (29)

Case	Cited	Years
Trinagel v. Boyar green nyappdiv · 2010 2 sentences 2019"Since weighing the factors relevant to 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 respect and will not be disturbed unless they lack a sound and substantial basis in the record, or are contrary to the weight of the evidence'" ( Weisberger v Weisberger , 154 AD3d 41, 51 , quoting Trinagel v Boyar , 70 AD3d 816, 816 ). 2015Since 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 respect and will not be set aside unless they lack a sound and substantial basis in the record (see Matter of Guiracocha v Amaro, 122 AD3d 632, 633 [2014]; Matter of Andrews v Mouzon, 80 AD3d at 763 ; Trinagel v Boyar, 70 AD3d 816 [2010]; see also Eschbach v Eschbach, 56 NY2d at 173 ).	7	2010–2019
Crivelli v. Tolento green nyappdiv · 2012 2 sentences 2015Where, as here, a complete evidentiary hearing has been held on the issue of custody, any 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 (see Eschbach v Eschbach, 56 NY2d at 171 ; Matter of Crivelli v Tolento, 100 AD3d at 885 ; Matter of Blakeney v Blakeney, 99 AD3d at 898 ). 2013Where, as here, a complete evidentiary hearing has been held on the issue of custody, any 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 (see Eschbach v Eschbach, 56 NY2d at 171 ; Matter of Crivelli v Tolento, 100 AD3d at 885 ; Matter of Blakeney v Blakeney, 99 AD3d at 898 ).	4	2013–2020
Sparacio v. Fitzgerald green nyappdiv · 2010 2 sentences 2013To modify an existing custody arrangement, there must be a showing of a change in circumstances such that modification is required to protect the best interests of the child (see Matter of O’Loughlin v Sweetland, 98 AD3d at 983; Matter of Sparacio v Fitzgerald, 73 AD3d 790 [2010]; Matter of Russell v Russell, 72 AD3d 973, 974 [2010]; Trinagel v Boyar, 70 AD3d 816 [2010]). 2013To modify an existing custody arrangement, there must be a showing of a change in circumstances such that modification is required to protect the best interests of the child (see Matter of O’Loughlin v Sweetland, 98 AD3d at 983; Matter of Sparacio v Fitzgerald, 73 AD3d 790 [2010]; Matter of Russell v Russell, 72 AD3d 973, 974 [2010]; Trinagel v Boyar, 70 AD3d 816 [2010]).	4	2013–2013
Blakeney v. Blakeney green nyappdiv · 2012 2 sentences 2015Where, as here, a complete evidentiary hearing has been held on the issue of custody, any 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 (see Eschbach v Eschbach, 56 NY2d at 171 ; Matter of Crivelli v Tolento, 100 AD3d at 885 ; Matter of Blakeney v Blakeney, 99 AD3d at 898 ). 2013Where, as here, a complete evidentiary hearing has been held on the issue of custody, any 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 (see Eschbach v Eschbach, 56 NY2d at 171 ; Matter of Crivelli v Tolento, 100 AD3d at 885 ; Matter of Blakeney v Blakeney, 99 AD3d at 898 ).	3	2013–2015
Matter of Amendola v. Maglione green nyappdiv · 2020 2 sentences 2022Since weighing the factors relevant to 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, the hearing court's findings are generally accorded great respect and will not be disturbed unless they lack a sound and substantial basis in the record ( see Matter of Schellinger v Dunn , 195 AD3d 1034 ; Matter of Amendola v Maglione , 189 AD3d 1030, 1031 ). 2021Since weighing the factors relevant to 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, the hearing court's findings are generally accorded great [*2]respect and will not be disturbed unless they lack a sound and substantial basis in the record ( see Matter of Amendola v Maglione , 189 AD3d at 1031 ; Matter of Guiracocha v Amaro , 122 AD3d 632, 633 ).	2	2021–2022
Weisberger v. Weisberger green nyappdiv · 2017 2 sentences 2020Since weighing the factors relevant to 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 respect and will not be disturbed unless they lack a sound and substantial basis in the record ( see Matter of Bartholomew v Marano , 174 AD3d 893 , 894; Weisberger v Weisberger , 154 AD3d 41, 51 ). 2019"Since weighing the factors relevant to 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 respect and will not be disturbed unless they lack a sound and substantial basis in the record, or are contrary to the weight of the evidence'" ( Weisberger v Weisberger , 154 AD3d 41, 51 , quoting Trinagel v Boyar , 70 AD3d 816, 816 ).	2	2019–2020
Quintanilla v. Morales green nyappdiv · 2013	2	2015–2015
Matter of Deondre R. (Annabel R.) green nyappdiv · 2020	1	2022–2022
Matter of Schellinger v. Dunn green nyappdiv · 2021	1	2022–2022
Farran v. Fenner green nyappdiv · 2012	1	2021–2021
People v. Bazelais green nyappdiv · 1983	1	2021–2021
Ross v. Morrison green nyappdiv · 2012	1	2021–2021
Matter of Sanders v. Jaco green nyappdiv · 2017	1	2021–2021
Weiss v. Weiss green ny · 1981	1	2021–2021
Brown v. Sanders green nyappdiv · 2014	1	2020–2020
Aaron W. v. Shannon W. green nyappdiv · 2012	1	2019–2019
Matter of Brownell v. Manemeit green nyappdiv · 2016	1	2019–2019
Matter of Thomas v. Wong neutral nyappdiv · 2015	1	2019–2019
Matter of Bixler v. Vitrano green nyappdiv · 2017	1	2018–2018
Matter of Recher v. Velez green nyappdiv · 2016	1	2018–2018
Andrews v. Mouzon green nyappdiv · 2011	1	2015–2015
Mack v. Kass green nyappdiv · 2014	1	2015–2015
O'Connor v. Dyer green nyappdiv · 2005	1	2015–2015
Bornholdt v. Alfieri neutral nyappdiv · 1994	1	2014–2014
Tavarez v. Musse green nyappdiv · 2006	1	2014–2014
McCoy v. McCoy neutral nyappdiv · 2007	1	2014–2014
Sidorowicz v. Sidorowicz green nyappdiv · 2012	1	2013–2013
Chabotte v. Faella green nyappdiv · 2010	1	2010–2010
Otero v. Nieves green nyappdiv · 2010	1	2010–2010

Statutes the citing opinions construe

NY § N.Y. Domestic Relations Law § 70 (6) NY § N.Y. Domestic Relations Law § 240 (4)

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.

Where else courts name it

NY 56 (2007–2022) KY 3 (2005–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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