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IN THE MATTER OF DAMIEN P.C. v. JENNIFER H.S.

57 A.D.3d 295 (2008)

869 N.Y.S.2d 59

In the Matter of DAMIEN P.C., Respondent-Appellant, v. JENNIFER H.S., Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

December 11, 2008.

Contrary to the father's contention, the Law Guardian's advocacy of positions favoring the mother did not indicate improper bias. Nor was there any basis for refuting the court's finding that the forensic expert's testimony was credible. Under the factors to be considered in determining custody (see Eschbach v Eschbach, 56 N.Y.2d 167 [1982]), the parties were equally qualified, with one exception. Regarding who would better facilitate...

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