Louis A. Bunim, Appellant v. Ethel Bunim, Respondent

Summary

The New York Court of Appeals held that the Special Term’s award of custody to the mother was an abuse of discretion unsupported by substantial evidence and reversed the custody determination, remanding the case for further proceedings consistent with the opinion. The Court emphasized that custody decisions must be grounded in the children’s welfare, not merely their expressed preference, and that a parent’s immoral conduct renders them unfit. A dissent argued that the trial judge’s discretion was proper and would have affirmed the custody award to the mother.