Opinion
15815 Docket No. V-06971/20 Case No. 2021–03513
04-28-2022
In the Matter of ALBERTO D., Petitioner–Respondent, v. ERICA E.A., Respondent–Appellant.
Steven N. Feinman, White Plains, for appellant. Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for respondent. Philip Katz, New York, attorney for the child.
Steven N. Feinman, White Plains, for appellant.
Law Offices of Randall S. Carmel, Jericho (Randall S. Carmel of counsel), for respondent.
Philip Katz, New York, attorney for the child.
Gische, J.P., Webber, Friedman, Oing, Kennedy, JJ.
Order, Family Court, Bronx County (David J. Kaplan, J.), entered on or about September 7, 2021, which, after a hearing, granted petitioner father's petition for sole legal custody of the subject child with parenting time shared equally, unanimously affirmed, without costs.
The court's determination that an award of sole legal custody to the father was in the best interests of the child was supported by a sound and substantial basis in the record and is entitled to deference (see Eschbach v. Eschbach, 56 N.Y.2d 167, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ; Matter of Kevin McK. v. Elizabeth A.E., 111 A.D.3d 124, 129–130, 972 N.Y.S.2d 25 [1st Dept. 2013] ; Matter of Carmen G. v. Rogelio D., 100 A.D.3d 568, 955 N.Y.S.2d 14 [1st Dept. 2012] ). The court examined and weighed numerous factors, relying on no single factor, including the quality of the home environment, the parental guidance provided, the ability of each parent to provide for the child's emotional and intellectual growth, and the relative fitness of each parent and the separation of the half-siblings.
The evidence supports the court's finding that, while both parents had provided an appropriate home for the child, the father was more stable and better able to provide for all the needs of the child, including the need for a positive relationship with the other parent (see Elkin v. Labis, 113 A.D.3d 419, 419, 979 N.Y.S.2d 20 [1st Dept. 2014], lv dismissed 22 N.Y.3d 1193, 985 N.Y.S.2d 481, 8 N.E.3d 859 [2014] ). The mother made unilateral decisions without consulting the father, which called into question her ability to support and encourage an appropriate relationship between the child and father (see Matter of Mildred S.G. v. Mark G., 62 A.D.3d 460, 461, 879 N.Y.S.2d 402 [1st Dept. 2009] ). Joint legal custody would not have been appropriate in light of both parties’ testimony concerning their rocky relationship, and the evidence of the mother's verbal outburst and anger toward the father which limited their ability to reach agreement concerning the child (see Matter of Candice W. v. Gary Y., 187 A.D.3d 426, 129 N.Y.S.3d 757 [1st Dept. 2020] ; Matter of Phillip M. v. Precious B., 173 A.D.3d 434, 435, 105 N.Y.S.3d 378 [1st Dept. 2019], lv denied 33 N.Y.3d 911, 2019 WL 4068326 [2019] ).