In the Matter of Robert J. Ebert v. Renee A. Ebert, Appellant-Respondent

Summary

The New York Court of Appeals affirmed the Family Court's original custody arrangement, reversed the Appellate Division's modification granting custody of the two older children to the father, and remanded for the children to be returned to the mother. The Court held that there was no material change of circumstances, that children's preferences are not determinative, and that the lower court's findings merit great respect.