Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: YAN W., Petitioner-Respondent, v. TSEN-TSEN J., Respondent-Appellant.
Order, Family Court, New York County (George L. Jurow, J.), entered on or about June 27, 2005, which, inter alia, awarded custody of the subject child to petitioner father, unanimously affirmed, without costs.
Family Court's determination that it was in the best interests of the subject child to award custody of the child to petitioner father is amply supported by the evidence, demonstrating, inter alia, that since the child's birth in 2000, respondent has exhibited a pattern of behavior designed to restrict petitioner's access to the child. The record shows that, in contrast to petitioner, respondent is unwilling to cooperate in fostering a relationship between the child and the opposite parent. The determination as to the child's best interests is also supported by evidence showing that respondent lodged unsubstantiated allegations that petitioner exposed the child to inappropriate sexual behavior and conveyed her chronic anger toward petitioner to the child (see Matter of James Joseph M. v. Rosana R., 32 A.D.3d 725, 821 N.Y.S.2d 168 [2006] ). The court properly considered the recommendations of the Law Guardian and the reports from the court-appointed psychiatrist, who concluded that petitioner should have custody (see Matter of Tyrone G. v. Lucretia S., 4 A.D.3d 205, 771 N.Y.S.2d 645 [2004] ). Contrary to respondent's contentions, the court's detailed decision was not based entirely on the findings of the court-appointed psychiatrist, but on all of the evidence of record (cf. Matter of John A. v. Bridget M., 16 A.D.3d 324, 332, 791 N.Y.S.2d 421 [2005], lv. denied 5 N.Y.3d 710, 804 N.Y.S.2d 34, 837 N.E.2d 733 [2005] ).
We have considered respondent's remaining contentions, including her challenges to the findings of the court-appointed psychiatrist, and find them unavailing.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: January 11, 2007
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)