The Domestic Relations Law sec. 240(1) provides that the trial court’s award of child custody must be made as justice requires, having regard to the circumstances of the case and of the respective parties and to the best interests of the child, noting that in all cases there shall be no prima facie right to the custody of the child in either parent. However, a New York Family Lawyer said an appellate court would be seriously remiss if it allowed a custody determination to stand where it lacked a sound and substantial basis in the record and, indeed, was contrary to the weight of the credible evidence.
The plaintiff wife and defendant husband were married in 1974 while attending nursing school and medical school, respectively. During their marriage, they had twin daughters whose custody has been the subject of this action. The record established that in 1982, the husband established his private practice in pediatrics and his income grew steadily thereafter. The wife in 1983 became a nurse investigator for a law firm which entails more flexible hours.
During the trial, the court requested psychiatric evaluation of all family members, as well as the evaluation by the Nassau County Probation Department. A New York Criminal Lawyer said the evaluation specifically recommended that the wife be granted custody of children. However, the Supreme Court awarded the twin daughter’s custody to the defendant husband. The Court concluded that the wife has been more or less a ‘remote control’ mother, having an interest in her children’s welfare, but leaving the actual rearing, at this point in their lives, to the father and a housekeeper. The Supreme Court based its findings with the record that reveals that the wife’s hours spent in pursuit of a career outside the home are decidedly fewer and more flexible than those spent by the husband.