Supreme Court of New York, Appellate Division
611 N.Y.S.2d 831 (1994)
When Renee B. (plaintiff) and Michael B. (defendant) divorced in 1986 after five years of marriage, the court awarded Renee sole custody of the couple’s daughter, Rebecca. Michael was granted visitation, including overnight stays. In 1992, Renee petitioned to terminate Michael’s unsupervised visitation rights after learning that Michael and eight-year-old Rebecca were sleeping in the same bed. Michael cross-petitioned, seeking sole custody of Rebecca. Three experts—the Clinical Director of the Family Court Mental Health Service, an additional psychiatrist, and a supervising social worker—recommended that custody be transferred after meeting with Rebecca and the parents. The child’s law guardian also recommended transfer. There was no evidence that the sleeping arrangement between Michael and Rebecca was anything but innocent, and it lasted just one year. A psychiatrist hired by Renee recommended that the mother retain sole custody, but the psychiatrist’s opinion was based solely on interviews with Renee and people referred by her, not including the father or the daughter. Evidence was offered that Rebecca preferred to live with her father, that she had a closer relationship with him, that the mother was a severe disciplinarian who spanked and slapped the girl and locked her in her room, and that Renee was determined to keep Michael out of Rebecca’s life. Without providing explanation, the court found the testimony of the three experts who recommended transfer to be “flawed” and not credible. He denied Michael’s petition and affirmed Renee as Rebecca’s sole custodian. Michael appealed.
Rule of Law
Holding and Reasoning (Memorandum Decision)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 220,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.