The child's preference is but one factor to be considered in awarding custody and should not be dispositive (see, e.g., Eschbach v Eschbach, 56 NY2d 167, 172-173 Matter of Ebert v Ebert, 38 NY2d 700 Dintruff v McGreevy, 34 NY2d 887). Initially, we conclude that although the preferred practice in a custody case is to have any in camera interview with the child be on the record (see, e.g., Hasan Abu Romi v Hazieem Hamdan, 70 AD2d 934 Matter of Fleishman v Walters, 40 AD2d 622, 623), Family Court's failure to place its in camera interview of Jeffrey, conducted out of the presence of the parties or their counsel, on the record does not require a rehearing. Counsel fees of $ 5,900 were also ordered to be paid by respondent to petitioner's attorney. Family Court thereafter granted a visitation schedule and further awarded an additional $ 40 for child support to be paid by respondent prior to each visitation period.
An affidavit in support of an award for counsel fees was also submitted by petitioner. Respondent cross-petitioned for a hearing de novo to determine the custody of Jeffrey.Īfter a lengthy, often bitter hearing, Family Court awarded sole custody to petitioner and directed the parties to submit proposed schedules for visitation by respondent, which was done. By petition dated September 1, 1982, petitioner sought sole custody of Jeffrey on the grounds that the custodial arrangement was detrimental to the health and well-being of Jeffrey. The order further provided that respondent was to pay petitioner child support of $ 75 per week. Petitioner's home was to be Jeffrey's principal residence. Joint custody of the parties' then five-year-old son Jeffrey was awarded, pursuant to stipulation, by order of Supreme Court dated October 6, 1981. J., Mikoll, Yesawich, Jr., and Harvey, JJ., concur. I make time for food, exercise, good friends, and hobbies so that I can enjoy taking care of myself.In the Matter of Louise E. Today, I choose to make taking care of myself a priority. I clear my mind by investing at least one hour a day on a hobby or favorite activity. When I pray, I abandon my stress through faith. I nurture my spirit and clear my mind through prayer and reflection. Investing time and energy in the things that mean the most to me are the first steps to making myself a priority. My goal is to see or speak to at least one person who matters a great deal to me each day. Each time I pick up the phone or set up a meeting with a friend or relative, I am taking care of myself.
Relationships can be the greatest source of positive energy and overall life satisfaction. I nurture myself emotionally by tending to my relationships. Getting regular exercise makes me feel proud of myself for turning my determination to be healthy into action. Time spent at a gym or on a walk is time well invested in my well-being. I also make time to exercise regularly to maintain vigorous health.
JEFFERY SOOEY FREE
I am free from guilt about taking a break from work to sit down and enjoy a meal. I refrain from skipping meals regardless of the circumstance because food is essential to my survival. To take care of my body physically, I make time to eat healthy meals. Rather than being a luxury, taking care of myself is an important contributor to my health and well-being. Taking care of myself makes me feel good.
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