Eschbach v. Eschbach
- Decided
- May 13, 1982
- Status
- Published
- Jurisdiction
- New York
Cited 2,938 timesNo negative treatment found in this library
What later courts said
- “‘[N]o agreement of the parties can bind the court to a disposition other than that which a weighing of all the factors involved shows to be in the child’s best interests.’” — Santo v. Santo (2016)
- “ ‘[N]o agreement of the parties can bind the court to a disposition other than that which a weighing of all the factors involved shows to be in the child’s best interests.’ ” — Santo v. Santo (2016)
- New York courts base custody decisions on totality of circumstances — Benjamin Ashmore v. Brian Ashmore (2012)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION OF THE COURT Jasen, J.
The question to be resolved on this appeal is whether custody of the youngest child of the parties herein should be changed, along with that of her two older sisters, from her mother to her father.
Plaintiff, Donald Eschbach, and defendant, Rita Eschbach, were married on November 23, 1963. Donald Eschbach was granted a divorce on May 28,1979 on the basis of the couple having lived separate and apart pursuant to a separation agreement for one year. (Domestic Relations Law, § 170, subd [5].) Custody of the three daughters of the marriage was granted to their mother pursuant to an oral stipulation of the parties entered in the minutes of the court at the inquest hearing held on January 16,1979. The stipulation, which also provided visitation rights for the children’s father, was incorporated but not merged in the judgment of divorce.
Cite this
Eschbach v. Eschbach, 56 N.Y.2d 167 (1982)Read the full opinion
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