Opinion
2018–11067 Docket No. V–9829–18/18A
05-29-2019
In the Matter of Thierry DACLIN–GOYATTON, Respondent, v. Charlotte COUSINS, Appellant.
Law Offices of Robert G. Venturo, P.C., Patchogue, N.Y., for appellant. Sofia Balile, Brooklyn, N.Y., for respondent. Laurette D. Mulry, Central Islip, N.Y. (John B. Belmonte of counsel), attorney for the child.
Law Offices of Robert G. Venturo, P.C., Patchogue, N.Y., for appellant.
Sofia Balile, Brooklyn, N.Y., for respondent.
Laurette D. Mulry, Central Islip, N.Y. (John B. Belmonte of counsel), attorney for the child.
MARK C. DILLON, J.P., JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERIn a proceeding pursuant to Family Court Act article 6, the mother appeals, by permission, from an order of the Family Court, Suffolk County (George F. Harkin, J.), dated August 27, 2018. The order, insofar as appealed from, without a hearing, awarded temporary custody of the parties' child to the father with supervised parental access to the mother.
ORDERED that the order is affirmed insofar as appealed from, with costs; and it is further,
ORDERED that the Family Court shall conduct a hearing on the issue of final custody, day-to-day until concluded, and thereafter issue its determination with all convenient speed.
"The paramount concern in any custody or [parental access] determination is the best interests of the child, under the totality of the circumstances" ( Matter of Mendez v. Limas, 160 A.D.3d 866, 867, 74 N.Y.S.3d 334 ). Custody determinations must be entrusted to the sound discretion of the trial court (see Matter of Jewish Child Care Assn. of N.Y. [Sanders], 5 N.Y.2d 222, 183 N.Y.S.2d 65, 156 N.E.2d 700 ). As a general rule, custody determinations should be made only after a full evidentiary hearing is conducted (see S.L. v. J.R., 27 N.Y.3d 558, 563, 36 N.Y.S.3d 411, 56 N.E.3d 193 ). However, the general rule is not absolute, as the court's guiding principle is the best interests of the child (see id. at 563, 36 N.Y.S.3d 411, 56 N.E.3d 193 ). Where undisputed facts are before the court, a hearing is not necessary (see Loggia v. Verardo, 167 A.D.3d 612, 89 N.Y.S.3d 236 ).
Here, under the circumstances of this case, we agree with the Family Court's determination, made prior to conducting a custody hearing, awarding temporary custody of the parties' child to the father with supervised parental access to the mother. The father demonstrated the necessary exigent circumstances warranting the award (see Matter of Morrissey v. Morrissey, 124 A.D.3d 1367, 1 N.Y.S.3d 678 ; Matter of Ward v. Ward, 89 A.D.3d 1518, 933 N.Y.S.2d 153 ).
The mother's remaining contention is without merit.
DILLON, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.