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Wissink v. Wissink

Appellate Division of the Supreme Court of New York
749 N.Y.S.2d 550 (N.Y. App. Div. 2002)


Facts

David Wissink (defendant) and Jane Wissink (plaintiff) were married and had a teenage daughter named Andrea. Jane filed a petition for custody of Andrea. David had a clear, documented history of domestic violence against Jane. Andrea witnessed the abuse at times. Other than the abuse, however, David was a good parent to Andrea and never physically harmed her. At trial, Andrea denied that David physically abused Jane. Andrea stated that she did not have a good relationship with Jane and that she preferred to live with David. The trial court ordered a mental-health evaluation of Andrea. The evaluation consisted of two 45-minute interviews conducted by a social worker. The social worker concluded that Andrea had a better relationship with and preferred to live with David. The trial court awarded custody of Andrea to David. Jane appealed.

Rule of Law

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Issue

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Holding and Reasoning (Miller, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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