On April 2, 2014, the Appellate Division of the Supreme Court of New York decided the child custody case of Law v. Gray. In this case, the mother, Shalaine Gray, appealed the decision of the Family Court to grant, without a hearing, fully custody of the child Lawrence Jr. to the father Larry Law. The Appellate Court’s affirmation of the Family Court’s decision provides a good example of both what rules and standards are used by the Family Court and how they are applied.
First, in reviewing the Family Court’s decision, the Appellate Court noted that the Family Court used the correct standard. The Family Court applied the “best interest of the child standard,” which, as the name suggests, means that the Court makes its determinations based on what will best suit the welfare of the child; it follows too under this principle that one parent does not enjoy automatic preference over the other. Because the Family Court used the proper rule, it did not necessarily err in its decision making process.
Second, the Appellate Court determined that the Family Court met the standard of having “adequate relevant information” that enabled an “informed decision” on the custody matter. Because the Family Court had the right amount and kind of information, a hearing was not required to grant custody. As such, the Family Court was within its legal bounds and properly exercised its discretion in the custody decision it made.
MATTER OF LAW v. Gray, 2014 NY Slip Op 2296 - NY: Appellate Div., 2nd Dept. 2014