Opinion
2019–14357 Docket Nos. V–29751–16, V–2764–17, V–12632–17
02-10-2021
In the Matter of Na'Tosha D. BROOKS, petitioner-respondent, v. Lanzo WALLACE, appellant, et al., respondent. (Proceeding No. 1) In the Matter of Lanzo Wallace, appellant, v. ACS–Kings, respondent, Na'Tosha D. Brooks, respondent-Respondent. (Proceeding No. 2)
Linda C. Braunsberg, Staten Island, NY, for appellant. Jill M. Zuccardy, New York, NY, for petitioner-respondent in Proceeding No. 1 and respondent-respondent in Proceeding No. 2. Janet E. Sabel, New York, N.Y. ( Dawne A. Mitchell, Marcia Egger, and Nicole Bingham of counsel), attorney for the child.
Linda C. Braunsberg, Staten Island, NY, for appellant.
Jill M. Zuccardy, New York, NY, for petitioner-respondent in Proceeding No. 1 and respondent-respondent in Proceeding No. 2.
Janet E. Sabel, New York, N.Y. ( Dawne A. Mitchell, Marcia Egger, and Nicole Bingham of counsel), attorney for the child.
LEONARD B. AUSTIN, J.P., ROBERT J. MILLER, HECTOR D. LASALLE, BETSY BARROS, JJ.
DECISION & ORDER
In related proceedings pursuant to Family Court Act article 6, the father appeals from stated portions of an order of the Family Court, Kings County (Ann E. O'Shea, J.), dated November 13, 2019. The order, after a hearing, inter alia, granted that branch of the mother's petition which was for sole legal custody of the parties' child and, in effect, denied that branch of the father's petition which was for sole legal custody of the child.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The mother and the father each filed a petition for sole legal and residential custody of their child, a daughter born in 2014. Following a hearing, the Family Court, inter alia, awarded sole legal custody of the child to the mother. The father appeals.
The paramount concern in this custody dispute is the best interests of the child ( see Eschbach v. Eschbach, 56 N.Y.2d 167, 171, 451 N.Y.S.2d 658, 436 N.E.2d 1260 ). The best interests must be determined by considering the totality of the circumstances, including such factors as the promotion of stability for the child, the respective home environments of the parents, and the relative fitness of each parent ( see Matter of Ahmad v. Rani, 185 A.D.3d 581, 124 N.Y.S.3d 834 ). "The credibility findings of the Family Court should be accorded great weight, and its custody determinations should not be disturbed unless they lack a sound and substantial basis in the record" ( Matter of Shu Jiao Zhao v. Wei Rong, 188 A.D.3d 1220, 1221, 132 N.Y.S.3d 801 ).
Here, the Family Court's determination that the child's best interests would be served by awarding sole legal custody to the mother has a sound and substantial basis in the record and will not be disturbed ( see Matter of Smith v. Gabb, 185 A.D.3d 696, 124 N.Y.S.3d 845 ; Matter of Springstead v. Bunk, 128 A.D.3d 1516, 8 N.Y.S.3d 834 ; Matter of Nunn v. Bagley, 63 A.D.3d 1068, 880 N.Y.S.2d 561 ).
The father's remaining contentions are without merit.
AUSTIN, J.P., MILLER, LASALLE and BARROS, JJ., concur.