Monday, May 18, 2015


Matter of Psaros v Mitchell-Ortega 2015 NY Slip Op 03846 Decided on May 6, 2015 Appellate Division, Second Department:


In this case, the Family Court properly weighed all of the factors in awarding physical custody to the father and did not, as the mother alleges, give undue weight to the opinion of the court-appointed forensic psychologist (cf. Matter of Supangkat v Torres, 101 AD3d at 890). The court, after evaluating the testimony, considering the recommendations of a forensic expert, home studies, and the custody investigation, interviewing the child in camera, and considering the position of the attorney for the child, determined that the child's best interests would be served by an order awarding physical custody to the father, with the parties sharing joint legal custody (see Matter of Andrews v Mouzon, 80 AD3d 761, 762). That determination is supported by the record, and we decline to disturb it (see id.; Matter of Guzman v Pizarro, 102 AD3d 964, 965)."

(emphasis supplied)

Attending a seminar today on this issue.

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