Appellate Division of the Supreme Court of New York
749 N.Y.S.2d 550 (N.Y. App. Div. 2002)
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
Holding and Reasoning (Miller, J.)
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