The following excerpt is from Romano v. Romano, 283 N.Y.S.2d 813, 54 Misc.2d 969 (N.Y. City Ct. 1967):
Yet I feel that the choice must be in favor of allowing the children to remain with their mother. The alternative of having them live with their father's brother and sister-in-law, the very same people who initiated the eviction action against the mother, is not a good one. Nor is there any other better plan available. 'Only when moral, mental, and physical conditions are so bad as seriously to affect the health or morals of children should the courts be called upon to act'. People ex rel. Sisson v. Sisson, 271 N.Y. 285, 287--288, 2 N.E.2d 660, 661 (1936). This has not been in any way established.
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