Opinion
8827
03-28-2019
In re EVELYN B., Petitioner–Appellant, v. VISHNU P.A., Respondent–Respondent.
Bruce A. Young, New York, for appellant. Law and Mediation Office of Helene Bernstein, PLLC, Brooklyn (Helene Bernstein of counsel), attorney for the child.
Bruce A. Young, New York, for appellant.
Law and Mediation Office of Helene Bernstein, PLLC, Brooklyn (Helene Bernstein of counsel), attorney for the child.
Renwick, J.P., Richter, Kapnick, Kahn, Oing, JJ.
The court's determination that it was in the best interests of the subject child to remain in the sole legal and physical custody of respondent father has a sound and substantial basis in the record ( Matter of Reeva A.C. v. Richard C., 84 A.D.3d 521, 921 N.Y.S.2d 857 [1st Dept. 2011] ; Matter of China S. [Tonia J.-Levon S.], 77 A.D.3d 568, 912 N.Y.S.2d 1 [1st Dept. 2010] ). 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, the relative fitness of each parent and the separation of the half-siblings ( Eschbach v. Eschbach, 56 N.Y.2d 167, 172–174, 451 N.Y.S.2d 658, 436 N.E.2d 1260 [1982] ).
The mother's contention that she was deprived of a fair hearing by the Family Court's failure to direct forensic evaluations is unpreserved for appellate review because she never requested them at any point during the proceedings ( Matter of Bailey v. Carr, 125 A.D.3d 853, 4 N.Y.S.3d 121 [2d Dept. 2015] ). In any event, the Family Court possessed sufficient information to enable it to render its determination without forensic evaluations and the mother was not deprived of a fair hearing (see Matter of Solovay v. Solovay, 94 A.D.3d 898, 900, 941 N.Y.S.2d 712 [2d Dept. 2012], lv denied 19 N.Y.3d 808, 2012 WL 2429241 [2012] ).
We have considered the mother's remaining contentions and find them unavailing.