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IN RE: CHRISTAL L. BUTTON, PETITIONER–APPELLANT, v. RICHARD J. ALLEN, RESPONDENT–RESPONDENT.
IN RE: RICHARD J. ALLEN, PETITIONER–RESPONDENT, v. CHRISTAL L. BUTTON, RESPONDENT–APPELLANT.
MEMORANDUM AND ORDER
SAMANTHA PETERS SMITH, ATTORNEY FOR THE CHILDREN, CANISTEO.
VIVIAN CLARA STRACHE, ATTORNEY FOR THE CHILD, BATH.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner-respondent mother appeals from an order that, inter alia, awarded the parties joint legal custody of the children, awarded primary physical custody of the parties' sons to respondent-petitioner father and awarded primary physical custody of the parties' daughter to the mother. On appeal, the mother contends that Family Court abused its discretion in awarding primary physical custody of the parties' sons to the father because splitting physical placement of the children is not in their best interests. We reject that contention. The court's custody determination following a hearing is entitled to great deference (see Eschbach v. Eschbach, 56 N.Y.2d 167, 173–174). We will not disturb the custody determination here inasmuch as the court made extensive factual findings that are supported by the record and “that warrant the conclusion that the needs of each of the children will best be met by the court's disposition” (Matter of Roulo v. Roulo, 201 A.D.2d 937, 937–938).
Frances E. Cafarell
Clerk of the Court
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Docket No: CAF 12–00627
Decided: September 27, 2013
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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